The process of determining spousal support

On Behalf of | Nov 4, 2021 | Spousal Support |

When spousal maintenance is requested during divorce in Colorado, there is an important process the divorce court will go through to determine if spousal support will be awarded. It is helpful for divorcing spouses to be familiar with the factors that are used to calculate spousal support.

How spousal support is determined

During divorce, there are several considerations that are taken into account when determining spousal support including:

  • The gross income of each of the spouses;
  • The marital property each spouse will receive through the property division process;
  • The financial resources of each party including, but not limited to, actual and potential income from both marital and separate property;
  • The reasonable financial need of the spouse requesting spousal support as determined during the marriage;
  • The tax implications of an award of spousal support; and
  • Other factors as well.

In addition to determining if a spousal support award will be made, the divorce court will also need to determine the amount and duration of spousal support that is fair and equitable to the spouses. To do this, the divorce court will consider a variety of factors including the duration of the marriage and factors used to determine if a spousal support award will be made. Guidelines are set to help the divorce court calculate the duration of a spousal support award based on the duration of the marriage.

Spousal support can also be awarded on a temporary basis and may be modified or terminated in certain circumstances. Because spousal maintenance can be a big issue for many divorcing couples, it is helpful for them to be familiar with how it is decided.