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Divorce Source Community Forums >> Spousal Support/Alimony

coco
recently joined

Reged: 07/23/10
Posts: 23

Re: Absolute Nonsense

01/13/11 06:50 PM

There seems to be a lack of knowledge that Colorado has the most onerous alimony outcomes in the US. Here is reality:

1) Colorado is a completely no fault state and marital conduct is not considered *at all* in alimony awards.
2) There is *automatic* temporary maintenance awarded using the formula of 40% of higher earner's gross minus 50% of lower earner's gross.
3) While from the statutes it looks like there is something of a "means threshold" above which alimony will not be awarded to a lower earner if they can already support themselves, the fact of the matter is that this is only applied to *men* asking for alimony.
4) The predominant factor is the one in the post above that is number (3) The standard of living enjoyed during the marriage. This one tends to override all other considerations.
5) There is *no* concept of rehabilitative alimony in Colorado. It doesn't exist. The *only* requirement to continue alimony is that the recipient does not sign a marriage license. That is the *only* requirement.
6) Cohabitation means absolutely nothing, even if it begins before the divorce is filed. An alimony recipient can live with someone and be totally supported in a lifestyle far above what she enjoyed during her marriage, but as long as she doesn't sign a marriage license, the alimony continues.
7) Downward modifications to court ordered alimony are almost unheard of. Even if the payor declares bankruptcy, they are expected to liquidate all assets in the quest to cover the ordered alimony. If the payor becomes indigent, they will be jailed in contempt.
8) Alimony is generally 1/2 the length of the marriage up to ten years, and is very often lifetime after ten years. For a twenty year marriage, lifetime is virtually guaranteed if the income discrepancy is more than 15-20%. While there is no *statutory* definition of duration, case law dictates these durations if the recipient is a woman. If the recipient is male (very, very rare), the duration is very limited and rarely exceeds five years.

Of course like any other state with statutes based on the UMDA, there is variation between judges, but Colorado has experienced "Alimony Creep" and the highest awards that can possibly be supported by case law are now generally awarded if the recipient is a woman, both in amount and duration.

Again, talk to any Family Law Attorney in Colorado. The alimony awards are out of hand, and even some judges are beginning to suggest that the legislature needs to step in with some concrete amount and duration guidelines.

Post Extras

Entire topic
Subject	Posted by	Posted on
Does my wife deserve spousal support?	billbrooks50	01/12/11 04:54 PM
Re: Does my wife deserve spousal support?	javajunkiee	01/13/11 11:44 AM
Re: Does my wife deserve spousal support?	Maury	01/13/11 11:57 AM
Re: Does my wife deserve spousal support?	javajunkiee	01/13/11 10:52 PM
Re: Does my wife deserve spousal support?	coco	01/13/11 12:33 PM
Re: Does my wife deserve spousal support?	yregna	01/13/11 12:54 PM
Re: Does my wife deserve spousal support?	Maury	01/13/11 12:58 PM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 02:02 PM
Re: Does my wife deserve spousal support?	Maury	01/13/11 02:25 PM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 04:45 PM
Re: Does my wife deserve spousal support?	Avaya	01/14/11 12:23 PM
Re: Does my wife deserve spousal support?	Goodmom	01/13/11 08:17 PM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 08:32 PM
Re: Does my wife deserve spousal support?	english7	01/13/11 09:17 PM
Re: Does my wife deserve spousal support?	Goodmom	01/13/11 09:00 PM
Re: Does my wife deserve spousal support?	spinnerdegrassi	01/13/11 09:08 PM
Re: Does my wife deserve spousal support?	Goodmom	01/13/11 09:11 PM
Re: Does my wife deserve spousal support?	M5M5	01/18/11 07:35 AM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 09:35 PM
Re: Does my wife deserve spousal support?	Goodmom	01/14/11 06:00 AM
Re: Does my wife deserve spousal support?	spinnerdegrassi	01/13/11 09:38 PM
Re: Does my wife deserve spousal support?	Goodmom	01/14/11 06:01 AM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 09:49 PM
Re: Does my wife deserve spousal support?	spinnerdegrassi	01/13/11 09:51 PM
Re: Does my wife deserve spousal support?	finz	01/13/11 09:58 PM
Re: Does my wife deserve spousal support?	DedicatedDad	01/13/11 10:26 PM
Re: Does my wife deserve spousal support?	english7	01/13/11 10:51 PM
Re: Does my wife deserve spousal support?	Sherron	01/13/11 09:38 PM
Re: Does my wife deserve spousal support?	spinnerdegrassi	01/13/11 09:40 PM
Re: Does my wife deserve spousal support?	Goodmom	01/14/11 06:09 AM
Re: Does my wife deserve spousal support?	Sherron	01/13/11 09:41 PM
Re: Does my wife deserve spousal support?	spinnerdegrassi	01/13/11 09:17 PM
Re: Does my wife deserve spousal support?	Goodmom	01/14/11 05:59 AM
Re: Does my wife deserve spousal support?	spinnerdegrassi	01/13/11 08:38 PM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 08:40 PM
Re: Does my wife deserve spousal support?	Goodmom	01/13/11 09:07 PM
Re: Does my wife deserve spousal support?	finz	01/13/11 07:20 PM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 07:24 PM
Re: Does my wife deserve spousal support?	Goodmom	01/14/11 06:06 AM
Re: Does my wife deserve spousal support?	finz	01/13/11 09:29 PM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 09:37 PM
Re: Does my wife deserve spousal support?	english7	01/13/11 04:29 PM
Re: Does my wife deserve spousal support?	elliesmom	01/13/11 04:47 PM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 04:46 PM
Re: Does my wife deserve spousal support?	english7	01/13/11 07:35 PM
Re: Does my wife deserve spousal support?	M5M5	01/18/11 07:33 AM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 07:36 PM
Re: Does my wife deserve spousal support?	english7	01/13/11 07:40 PM
Re: Does my wife deserve spousal support?	gr8Dad	01/13/11 07:46 PM
Absolute Nonsense	Maury	01/13/11 12:50 PM
Re: Absolute Nonsense	coco	01/13/11 06:02 PM
Re: Absolute Nonsense	erika23	01/19/11 06:44 AM
Re: Absolute Nonsense	yregna	01/20/11 06:08 PM
Re: Absolute Nonsense	gr8Dad	01/13/11 06:07 PM
Re: Absolute Nonsense	coco	01/13/11 06:08 PM
Re: Absolute Nonsense	gr8Dad	01/13/11 06:13 PM
Re: Absolute Nonsense	coco	01/13/11 06:50 PM
Re: Absolute Nonsense	Maury	01/14/11 08:53 AM
Re: Absolute Nonsense	coco	01/14/11 11:24 AM
Re: Absolute Nonsense	Maury	01/14/11 06:49 PM
Re: Absolute Nonsense	coco	01/14/11 08:46 PM
Re: Absolute Nonsense	Maury	01/17/11 09:21 AM
Re: Absolute Nonsense	coco	01/17/11 11:39 AM
Re: Absolute Nonsense	Maury	01/17/11 12:00 PM
Re: Absolute Nonsense	elliesmom	01/17/11 12:07 PM
Re: Absolute Nonsense	english7	01/17/11 12:24 PM
Re: Absolute Nonsense	coco	01/17/11 02:20 PM
Re: Absolute Nonsense	Maury	01/17/11 02:35 PM
Re: Absolute Nonsense	coco	01/17/11 03:12 PM
Re: Absolute Nonsense	english7	01/17/11 03:20 PM
Re: Absolute Nonsense	Maury	01/17/11 03:14 PM
Re: Absolute Nonsense	elliesmom	01/17/11 11:58 AM
Re: Absolute Nonsense	coco	01/18/11 09:41 AM
Re: Absolute Nonsense	elliesmom	01/18/11 10:22 AM
Re: Absolute Nonsense	coco	01/18/11 11:17 AM
Re: Absolute Nonsense	elliesmom	01/18/11 10:24 AM
Re: Absolute Nonsense	coco	01/18/11 11:04 AM
Re: Absolute Nonsense	finz	01/18/11 09:44 AM
Re: Absolute Nonsense	spinnerdegrassi	01/17/11 11:58 AM
Re: Absolute Nonsense	elliesmom	01/14/11 11:39 AM
Re: Absolute Nonsense	coco	01/14/11 11:50 AM
Re: Absolute Nonsense	elliesmom	01/14/11 12:01 PM
Re: Absolute Nonsense	coco	01/14/11 12:36 PM
Re: Does my wife deserve spousal support?	Maury	01/13/11 11:04 AM
Re: Does my wife deserve spousal support?	hanzblinx	01/13/11 11:11 AM
Re: Does my wife deserve spousal support?	Goodmom	01/13/11 03:32 AM
Re: Does my wife deserve spousal support?	Annie7676	01/12/11 08:14 PM
Re: Does my wife deserve spousal support?	spinnerdegrassi	01/12/11 05:53 PM
Re: Does my wife deserve spousal support?	Avaya	01/14/11 12:22 PM
Re: Does my wife deserve spousal support?	1966Gal	01/12/11 05:43 PM

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