Temporary vs. Permanent Maintenance in Colorado | Episode 160

In this short "how-to" episode, Ryan Kalamaya discusses purpose of temporary alimony, meant to buoy the lower-earning spouse during the divorce proceedings, and the variables that can affect it. Following that, Ryan talks about the concept of permanent maintenance, its role, duration, and the factors that influence its allocation. We'll dive into trends surrounding permanent maintenance awards, and remind you that securing maintenance isn't guaranteed.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Transcript

Ryan Kalamaya (1s):
Welcome to Divorce at Altitude A Podcast on Colorado Family Law. I'm Ryan Kalama. Each week, along with my business partner and co-host Amy Goscha, or an expert, we discuss a particular topic related to Divorce or co-parenting in Colorado. In addition, we have created a short series of lessons that will take you through the legal process of Divorce and answer your questions from simple to complex. Divorce isn't easy. The end of a marriage, especially when children are involved, brings a great deal of loss and change. We hope these practical tips and insights will help you on your journey to a new and better life.

Ryan Kalamaya (42s):
Welcome Back to another episode of Divorce Altitude. This is Ryan Kalama. In this how to episode, I'm gonna cover the difference between Temporary and what is often known as Permanent alimony or spousal maintenance in a Colorado Divorce. Now a Divorce can be difficult and an emotional experience for both parties involved among the many issues that may arise. Determining who will receive financial support after the Divorce, also known as alimony, is a significant decision that can have long lasting impacts. In Colorado courts consider several factors in deciding whether to Award alimony or what is often known as spousal maintenance, including the length of the marriage, each spouse's income and earning potential, and the standard of living during the marriage.

Ryan Kalamaya (1m 33s):
Once the court has determined that one spouse is entitled to alimony, there are usually two types of alimony that can be awarded Temporary and what most people call Permanent, even though as wool would get into, it's not so Permanent Temporary alimony or Temporary Spousal maintenance is designed to support the lower earning spouse during the Divorce process. It lasts only for the duration of the Divorce proceedings, and it's intended to provide the financial stability that is necessary during that time. Now, another additional feature of Temporary support is that you have to get into who's paying the household expenses.

Ryan Kalamaya (2m 15s):
So if we take our hypothetical Divorce clients, Eric, Melanie Wolf, if Eric is playing the mortgage in the house that Melanie is living in, then that is going to be factored into the Temporary support that he is paying because the amount of support that Melanie needs is reduced as a result of him paying those expenses directly. But she may still need support to buy groceries, to travel for her reasonable needs. And often there can be highly contested challenge or dispute on what Melanie's reasonable needs are. And that kind gives us a nice segue into what is called Permanent alimony.

Ryan Kalamaya (2m 60s):
Now, in in contrast to Temporary support, we get into Permanent maintenance and it's designed to support the lower earning spouse. After the Divorce is finalized, it can be awarded for a fixed period of time, or until the receiving spouse remarries or dies, and it's intended to help the receiving spouse. So Melanie Wolf maintain the standard of living that they enjoyed during the marriage. The amount and duration of Permanent alimony are subject to several factors that are very similar to the amount in or the factors considered in Temporary maintenance, including the weight of the marriage, each spouse's financial resources, and the respecting earning potential of both parties.

Ryan Kalamaya (3m 47s):
Most critically, we also have to look at what the amount of property that is awarded to someone like Melanie Wolf in order to really analyze the Permanent maintenance that is awarded. But in Colorado, the general guidelines on duration and at 10 years, and we are often seeing a trend where Permanent maintenance that used to be awarded typically back, you know, in the 1960s, 1970s and farther along it, it's not so common these days. Keep in mind that obtaining maintenance is not a guarantee.

Ryan Kalamaya (4m 28s):
The court will consider several factors before making a decision, and the other spouse, Eric Wolf, may argue against the ward of spousal support. It's important to remember that the purpose of alimony is to ensure a fair and equitable distribution of financial support. After Divorce, with the guidance of an experience attorney, people can, people like Eric and Melanie can help navigate this complex process and come to a mutually agreeable outcome. So, in summary, if you're going through a Divorce in Colorado and believe that you're entitled to financial support, the first step is going to be deciding whether or not Temporary support is an option or necessary.

Ryan Kalamaya (5m 12s):
After that, then we're gonna be looking at Permanent maintenance and how long and how much can have a significant impact on the overall financial terms of the Divorce. Thanks for listening or watching this short lesson on the Divorce Out to podcast. You found this helpful. Please leave a review or share with a friend. It does help for others that are going through or thinking about Divorce in Colorado. If you wanna find out more information, please visit Kalamaya dot law or Divorce at Altitude dot com, and that's ka la ma.law. Remember, this is educational information, it's not intended to be legal advice.

Ryan Kalamaya (5m 52s):
Please consult with an attorney about the particulars of your case. We're Happy to answer questions. Feel free to give us a call at 9 7 0 3 1 5 2 3 6 5.