Weekly FAQ #2: Spousal Maintenance

A common question that comes up during a divorce is “what spousal maintenance am I entitled to?” and the answer to that question varies. A new law in Colorado defines the potential payment for spousal maintenance for a couple whose combined income is less than $240,000 with a formula that includes taking 40% of the higher earner’s wage and subtracting 50% of the lower earner’s wage. As an example, if the higher earner made $100,000/yr and the lower earner made $50,000/yr, the spousal maintenance amount paid to the lower earner would be $15,000/yr. For spouses whose combined income is over $240,000 the rules are less clear.

Additionally, according to Colorado divorce law, the necessity of spousal maintenance varies. In some cases if both wage-earners make the same amount no maintenance will be awarded unless there are circumstances such as children needing special care. If one spouse does not work, barring extenuating circumstances the spousal maintenance will be temporary with the intention of helping the lesser-earning spouse find more lucrative employment or gain more education.
The rules that surround spousal maintenance in Colorado can quickly become confusing especially if disabilities or children are involved. Ensure you receive what you deserve from your spouse; call The Law Center today at 303-991-5200 to schedule your free consultation and discuss your spousal maintenance.

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