Divorcing couples may go into their divorce having many concerns. Spousal support may be on their list of concerns and one spouse may be seeking spousal support and the other many be opposing any spousal support award. As part of that process, it is helpful for the divorcing spouses to be familiar with how spousal support is determined in Colorado.

Spousal support basics

There are several determinations that need to be made when spousal support has been requested. The first is if it will be awarded at all. If spousal support is awarded, the second determination that needs to be made is how much spousal support will be awarded and the third determination that needs to be made is how long the spousal support will be awarded. Spousal support may be awarded on what is referred to as a rehabilitative basis which is not permanent in nature.

Spousal support factors

Factors that may be evaluated to determine a spousal support award include the ages, physical conditions and emotional states of the divorcing spouses; the financial conditions of the divorcing spouses; the standard of living enjoyed by the couple during the marriage; the length of the marriage; the length of time the recipient spouse would need to acquire the education and training to become self-supporting and self-sufficient; and the ability of the paying spouse to pay spousal support and support themselves.

It is useful for divorcing spouses to be familiar with factors used to determine spousal support and how a request for spousal support is evaluated by the family law court. That way, whether they are seeking spousal support or opposing a request for it, the divorcing spouses can protect their interests when the issue of spousal support comes up during their divorce.