My name is Marie Drake, CEO and founding attorney of The Drake Law Firm, with offices in Golden and Colorado. I’m here today to talk to you about three myths regarding alimony, or “spousal maintenance,” as it’s known in Colorado. My team and I hear a lot of rumors about maintenance when people come in for their consultation, and almost all of them are untrue.
The first myth is that the wife always gets spousal maintenance. However, gender is no longer the determining factor in maintenance. Spousal maintenance depends on several factors, such as:
- Level of education
- Length of time each spouse has been in the workforce
- Ability to pay
As you can see, none of these factors has to do with gender.
The second myth is that fault is somehow a factor in a maintenance award. However, Colorado is a no-fault state, and the judge doesn’t care if adultery was committed.
The third myth regarding maintenance in Colorado is that it’s permanent. That’s not true anymore. Though rare, a judge can order long-term maintenance if the marriage is over 20 years.
There are a lot of other factors to consider, including whether or not the spouse paying the maintenance has the ability to pay it long-term. The spouse who will be paying the maintenance must have the financial means to do so while meeting their reasonable needs.
For example, if you’re asking for thousands of dollars a month in maintenance and your ex-spouse can’t meet their reasonable needs if they have to pay you that amount, you will not be awarded the requested amount.
Maintenance can be complicated in Colorado, and figuring out the calculation or whether or not it needs to be paid or received can be overwhelming.
We can help you through this process and determine if you’re eligible for spousal maintenance. Call us at The Drake Law Firm at the number below to speak with a team member to schedule your consultation.