Once the court deems that spousal maintenance is appropriate, then it determines the amount and length of alimony based on the following formula: The amount of alimony is equal to 40% of the higher-income party's monthly adjusted gross income, minus 50% of the lower-income party's monthly adjusted gross income.
The maintenance formula works as follows: Calculate 40% of the higher income earning party's gross monthly income. Calculate 50% of the lower-income earning party's gross monthly income. Subtract the 50% figure from the 40% figure.
First, take both parties monthly, adjusted gross income and add it together to get their combined, monthly adjusted gross income. Multiply that number by 40%. Subtract the lessor-earning spouse's monthly adjusted gross income. If the number is zero or less, there is no maintenance payable.
Ing to C.R.S 14-10-114, this ranges from 11 months for a marriage that lasts three years to 10 years for a marriage that lasts 20 years. If a marriage lasts longer than 20 years, it's the jurisdiction of the court to decide how much and how long alimony will be awarded.
Self-sufficiency of the Requesting Spouse: If the spouse seeking alimony is young, healthy, has a good education, or possesses marketable skills that enable self-sufficiency, the court may determine that maintenance is not necessary – do note this outcome is extremely rare and unlikely.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
You need to have been married at least three years to be eligible for spousal maintenance. If, for example, the higher income party grosses $50,000 per month while the lower earner grosses $5,000, then that person is eligible for up to $17,500 in monthly support.
Spousal support, or alimony, is not automatically granted in every divorce case. Colorado law considers several factors to determine whether spousal support should be awarded.
A wife has the same rights as her husband to seek her fair share in divorce matters, such as property division and alimony (spousal maintenance). Each of these issues is determined separately during divorce, with its own guidelines and factors to consider.