alimony or spousal support is technically called “spousal maintenance.”
This refers to the money a higher-earning spouse pays to the lower-earning
spouse during and after their divorce.
The purpose behind spousal maintenance is to ensure the lower-earning spouse
does not end up penniless because of the
divorce. Beyond that, the goal is for both spouses to continue enjoying the same
quality of living they enjoyed during marriage.
While states vary on their views on alimony, Colorado takes it very seriously.
Colorado lawmakers recognize that when couples marry, their finances become
closely intertwined, and that it’s nearly impossible to distinguish
the spouses’ individual contributions to the marital estate.
Due to the above reasons, Colorado decided when a couple has a combined
gross annual income of less than $75,000, temporary alimony would be
mandatory in a divorce action.
If the couple’s gross annual income exceeded $75,000, the judge may
or may not order temporary alimony – it’s at the judge’s
Understandably, this law was adopted to ensure the lower-earning spouse
has sufficient funds to pay for their basic necessities as the divorce
is moving through the courts. Upon the conclusion of the case, when the
court issues its final order, it shall decide if permanent alimony is
Will Adultery Bar a Spouse from Receiving Alimony?
A spouse commits adultery when he or she has voluntary sexual encounter
with someone who is not their husband or wife. In many states, adultery
is frowned upon in a divorce case and can have a definite impact on alimony and
property division in a divorce.
However, Colorado is a no-fault divorce state. Meaning, the court will
not be concerned with
why the marriage failed, nor will it consider any evidence of a spouse’s
marital misconduct. As a general rule, a fling or a full-blown affair
will not bar an adulterous spouse from receiving alimony, nor will it
reduce an alimony award.
There is a very narrow exception and that’s when a spouse’s
misconduct led to the wasting of marital assets. For example, if a cheating
husband paid for his girlfriend’s apartment for a year, or bought
her plastic surgery to the tune of $12,000 plus, that
could be counted against him when it comes to his wife’s alimony award.
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