How is Alimony Decided?
Alimony (or maintenance) payments are only made between previously married couples following a divorce. Spousal maintenance is not required after a regular relationship breakup. If a couple is considered common law married, then spousal support payments can be discussed as part of divorce proceedings.
In Colorado, common law marriage is legally recognized as long as both parties had agreed to view the relationship as a marriage prior to the separation. There is no legal paperwork required to enter into a common law marriage.
Spousal maintenance payments are determined based on the proven financial status of the parties. Each partner will be required to provide proof of income in order for the courts to determine which party will receive spousal maintenance payments and in what amount.
If the financial positions of either partner change, the maintenance amount required may also be modified. We recommend speaking with an experienced family law or alimony attorney to assist with these cases in a courtroom.
Does Alimony Include Child Support?
In the case of a divorce where the couple has children together, child support payments will most likely be required. However, child support payments are completely separate from alimony (maintenance) payments. As a result, the monthly maintenance payments will not be affected by a change in child support or by a dependent child turning 18.
Deciding on child support and child custody agreements will happen separately from discussing spousal maintenance payments, but it’s a good idea to have representation throughout the process. Our family lawyers at Barringer Law Firm specialize in all areas and can assist throughout the entire process.
Why Hire an Alimony Lawyer?
If you find yourself in a situation where you will be discussing spousal maintenance payments in a courtroom, having a lawyer on your side will help ensure that the agreement is fair. Our lawyers will fight for your rights in court so that you get the maintenance agreement you deserve.