Nobody wants to pay alimony, but there are times that there is no way around it. However, there are a few circumstances when you can avoid alimony in Colorado. We will look at these times to see if you qualify.
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.
If you are already married and can no longer get a prenuptial agreement, you might determine that the postnuptial agreement still fits. A postnuptial can be used to create brand-new terms in the event of a divorce or alter the original postnuptial agreement.
Longer Marriage Often Means Higher Alimony Payments
The longer you remain married, the longer the alimony term will likely be. The court considers the marriage length when determining the term. For example, if you’ve been married for seven years, the state might recommend alimony for forty percent of that term. Lengthy marriages can also require lifetime alimony payments.
Request A Vocational Evaluation From The Judge
After the divorce, some spouses prefer to stay home and raise the children, even if this causes financial hardship and isn’t necessary. If your ex-spouse is educated and could obtain a job, you could ask for a vocational evaluation. This objective assessment provides you with insight as to what your spouse could earn. Even if they can’t find a job right away, the alimony might be ordered for a shorter time.
Provide Evidence That Your Ex-Spouse Does Not Need Alimony
There are times when the ex-spouse doesn’t need the alimony payments but wants it to seek vindication. Let’s assume that your ex-spouse has access to a trust fund or extensive stock portfolio. In these cases, you want the court to take this money into consideration. It might be best to employ a forensic accountant to locate all of your spouse’s assets. While you have to put money up-front for these services, it could save you much more down the road.
How Is Alimony Calculated?
You can use our alimony calculator to get a good idea. However, most cases require payments to equal forty percent of the monthly adjusted gross income from the higher-earning spouse. Then, fifty percent of the monthly adjusted gross income from the lower-earning spouse is deducted. For example, if the higher-earning spouse gets $6,000 a month, while the lower-earning spouse only gets $1,000 a month, the alimony payments would be $1,900 a month.
Alimony Does Not Apply If…
A Couples Income Exceeds $240,000
If the income of you and your ex reaches above $240,000, you don’t follow the same alimony payment rules.
The Marriage Was Less Than Three Years
If the marriage didn’t make it three years, you shouldn’t have to pay for alimony either. On the other hand, being married for more than twenty years generally means permanent alimony payments until you die or your spouse gets remarried.
Tip: If you are required to pay alimony, be sure to include the date when alimony will be terminated on the divorce decree.
You don’t need to just agree to lifelong alimony payments. Instead, consider adding a termination date into the divorce decree. With this in place, you won’t have to go back to the court later, and the payments will simply terminate. Talk to an attorney to figure out a reasonable end date based on your situation.
I am seeking a…..
Before you agree to any alimony or divorce judgments, you want to consult a professional lawyer. Thomas Ramunda Jr. brings more than 25 years of experience to the table. He can guide you through alimony, divorce, child support, and more.
Visit our South Denver Law office at the Parker location for a consultation. Our office is located at 19590 E. Mainstreet, Suite 103, Parker, CO 80138. Call 303.840.2700.
We also have a Denver, Colorado location. It is located at the Denver Tech Center, 4610 Ulster Street, Suite 150, Denver, Colorado 80237. Call 303.840.2700.