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Colorado Request for Maintenance
Category:
State:
Multi-State
Control #:
US-161-AZ
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Request For Maintenance?
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FAQ
Alimony, or "spousal maintenance" as it's called in Colorado, is a payment that a higher-earning spouse makes to the other to ensure the lower-earning spouse isn't destitute during or after the divorce process.
You may be entitled to spousal support if you were either: married. lived together as a couple for at least three years. were in a relationship of some permanence for any length of time and had a child together.
Spousal maintenance arises where one party's income or assets are insufficient to meet their day to day need, for example if they have a much lower income than the other or have not worked through some or all of the marriage and are unable immediately to become self-sufficient.
Although no one is automatically entitled to spousal maintenance, there is a common-law duty imposed upon all spouses to support one another during and after any marriage or civil partnership.
The statute caps suggested maintenance terms at 50 percent of the marriage. Once you've been married for 12 and a half years, the maintenance term becomes 50 percent of the length of the marriage. If you've been married 20 years, you could receive or pay alimony for 10 years.
Spousal maintenance arises where one party's income or assets are insufficient to meet their day to day need, for example if they have a much lower income than the other or have not worked through some or all of the marriage and are unable immediately to become self-sufficient. Needs may be generously interpreted.
After the court has determined that maintenance is appropriate, it will then identify the amount and length of alimony. This is based on a formula: The amount of maintenance is equal to 40% of the higher income earner's monthly adjusted gross income, minus 50% of the lower income earner's monthly adjusted gross income.
What is spousal maintenance? Spousal maintenance is a payment that's paid by a wife or husband to their former spouse as part of their divorce. Usually, it is paid every month and it can last for either a defined period or, in increasingly rare cases, for the rest of your former spouses' life.
Prenuptial Agreement. The best way to avoid paying alimony is to plan ahead. Before you get married, consider creating a prenuptial agreement that prevents alimony payments in the event of a divorce.
Unlike other states, Colorado law offers judges a formula to determine the amount of support. The formula provides for a monthly payment to the lower earner of 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's adjusted gross income.
