Denver Alimony Lawyer
Petrelli Previtera, LLC provides comprehensive and effective legal services to clients all throughout Colorado, including the Denver Metro as well as other areas. Our skilled lawyers help clients with a vast range of family law– and divorce-related matters. This includes providing well-informed counsel for post-divorce spousal support and pre-divorce spousal maintenance.
If you have any questions or concerns at all regarding your maintenance or support obligation or eligibility, feel free to reach out to us and speak with one of our spousal support attorneys in Denver.
Alimony in Colorado – Spousal Maintenance
The legal term for the money that one spouse or ex-spouse is required to pay the other spouse or ex-spouse during or after a divorce is called spousal maintenance. Spousal maintenance, formerly referred to as alimony, has the ability to last for life and it is typically awarded for a set amount of time. When determining exactly how much spousal maintenance must be paid, the courts take into consideration a variety of factors.
The courts will look at the:
- Length of the marriage in question
- Health and age of the divorcing spouses
- Cost, availability, and loss of health insurance
- Subsequent tax consequences to both parties
- Additional, exceptional expenses to the children
- The parenting time arrangements with the children
- Future and present earning capacity of both parties
- Conditions which may inhibit a spouse’s earning capacity
- Wasteful dissipation of marital property by either spouse
- Marital property’s equitable distribution among the parties
- Difficulties either spouse may have finding work as a result of age or
lack of experience - Duration and existence of separate households before divorce or a joint
household before marriage - Ability of either spouse to become financially independent, and the training
and time it will require to do so - Assets and income of both spouses, including each party’s share of
the marital property, as equitably divided by the court - Factors that may have contributed to either spouse’s lost or reduced
lifetime earning capacity due to having delayed or foregone career opportunities,
employment, training, or education during the marriage.
Alimony Laws in Denver Metro (spousal support) – Temporary Maintenance
When spouses are in the middle of the divorce process, the spouse who is making less than the other spouse may be eligible for temporary spousal support, or maintenance, while the process continues. This temporary maintenance is intended to help the spouse who earns less by providing them with the financial resources they need, at least until the case is over.
The state of Colorado has certain laws that provide factors and a formula for courts to take into consideration when determining temporary spousal maintenance, many of which are similar to those that are used for post-divorce spousal support determinations. Whether you need to fight an order or acquire maintenance for yourself, our spousal support attorneys in Denver can help you.
Frequently Asked Questions
What Does the Court Consider When Determining Spousal Support?
How can I avoid spousal support?
Several strategies may help you avoid paying spousal support. These include negotiating an agreement with your spouse before going to court, securing a prenuptial agreement before the marriage, providing evidence that your ex-spouse is cohabitating with someone else, or demonstrating a significant change in their financial situation that no longer necessitates support from you.
Do the 2019 Alimony Law Changes Impact My Case?
Understanding 2019 Spousal Maintenance Tax Laws For Colorado Divorce
The biggest change for alimony laws in Denver County is how the money spent and received is classified for tax purposes for each former spouse. For the paying spouse, alimony funds will no longer be tax-deductible and therefore an individual retirement account (IRA) can be used to fund alimony payments. Using pre-tax funds for spousal maintenance payments helps avoid both parties paying taxes on the money transferred. For the receiving spouse, alimony is no longer considered taxable income and can not be used as a pre-tax IRA investment.
Previously, alimony payments were paid from after-tax funds and considered income for the receiving spouse.
Key Takeaways
- Alimony is no longer tax deductible for the paying spouse.
- Alimony is no longer counted as taxable income by the receiving spouse.
- If the recipient is 59½, the paying spouse can use their individual retirement account (IRA) to pay alimony funds. If the recipient is not 59½, a 10% tax penalty must be paid.
- Alimony money cannot be able to be invested in an IRA.
For spousal maintenance plans granted on or before December 31, 2018 (even if it is modified after December 31, 2018), old-laws apply.
- Alimony is tax-deductible by the paying spouse.
- Alimony is counted as taxable income by the receiving spouse.
Some important things to remember:
- Temporary maintenance is not considered for tax purposes by either
- Child support is never considered on tax reporting for either party.
To understand how these changes impact your spousal maintenance will affect your upcoming divorce settlement, or how you can make modifications, contact the expert legal team at Petrelli Previtera, LLC. Our divorce lawyers have been defending the rights of Colorado families in the greater Denver area for decades. We are here to help your divorce go as quickly, smoothly, and fairly as possible. Contact us for your consultation today.
Contact a Denver Alimony Lawyer
Are you considering or going through a divorce and need help with spousal maintenance and support? A Denver Alimony Lawyer at Petrelli Previtera, LLC can provide the experienced legal counsel and advice you need. We are intimately familiar with this complicated practice area and can help you with all your family law needs.
