"Maintenance" or What Used to be Called Alimony
Thu, 03/01/2007 - 23:00 — Lynn Olney
"Maintenance" or What Used to be Called Alimonyby Lynn Olney, P.C.
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Maintenance in Colorado is the current terminology used for what was previously known as alimony. The court at the time of Final Orders can order maintenance for either spouse only if it finds that the spouse asking for maintenance has demonstrated the following:
- That spouse lacks sufficient property, including marital property apportioned to him or her to provide for his or her reasonable needs; and
- Is unable to support himself or herself through employment or is the custodian of a child whose conditions make it appropriate that the custodial parent not be required to work outside the home.
- At the time of Permanent Orders, the court shall consider such amounts to be awarded and for such periods of time as the it deems just and considers all relevant factors including:
- The financial resources of the party seeking maintenance, including marital property of such person and that person’s ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
- The Court looks at the time necessary to acquire a sufficient education or training to enable that person requesting maintenance to find appropriate employment and that party’s future earning capacity;
- The Court looks at the standard of living established during the marriage;
- The Court takes into consideration the duration of the marriage;
- The age and physical and emotional condition of the spouse requesting maintenance; and
- The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.
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