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Spousal
maintenance is what used to be commonly referred to as
“alimony.” Spousal
maintenance, when awarded, may be periodic or in a lump sum.
Spouse support is not awarded to punish a guilty spouse but
rather to lessen the financial impact of divorce on the
other spouse.
A
court can order temporary maintenance while the divorce is
pending, these payments are used to help ease the financial
burden a divorce proceeding may cause.
A
court can order a more lengthy maintenance award upon
entering final orders at the conclusion of the divorce
proceeding. Such maintenance awards may be issued as the
court deems reasonable to either party in Colorado, but only
if it finds that maintenance is necessary. Such awards
typically are not permanent, and may be subject to later
modification and enforcement proceedings.
In
deciding whether to award maintenance, a court will
generally consider such factors as:
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The respective ages of
the spouses
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Assets
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Earning potential
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Duration of marriage
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History during marriage
Spousal maintenance orders issued upon finalizing
dissolution of marriage proceeding shall be considered in
conjunction with a child support order and final asset and
debt division.
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