Family Law Blog

As Alimony Awards Vary, Some States Look to Reform

By Denver Divorce Lawyer on July 12, 2011

Colorado is one of only three U.S. states, along with Pennsylvania and New York, which uses a mathematical formula to set the amount of temporary spousal support, also known as alimony, that one spouse may be required to pay the other. This formula applies solely to temporary maintenance when the combined income of both spouses does not exceed $75,000 per year, however, the court may decide that this formula is not applicable in certain circumstances.

Spousal support payments help a spouse who earns little or nothing to support themselves and any children. Currently, no U.S. state uses a formula to calculate permanent spousal support payments, which means that these awards can vary wildly, even among cases that are similar.

Some reformers, however, are pushing to require family law judges to use a mathematical formula to calculate alimony in all cases. Most U.S. states currently leave spousal support amounts up to the discretion of the judge, who weighs factors like how much each spouse makes, each spouse’s age and health, the ability of each spouse to support themselves, and the contributions each spouse made to the marriage. Using a formula would replace many of these factors with a simple arithmetic calculation, limiting the discretion the judge has to consider all the facts in each particular case.

Spousal support is not awarded in every case, but it can help a spouse with little education or work experience to survive while they seek a job or further education. If you are considering divorce in Colorado, the experienced Denver spousal support attorneys at Kaplan Law can help you ensure that you and your children receive what you need in order to move forward with your lives. To learn more, please call Kaplan Law today at 1-877-527-5260 for a free and confidential consultation.