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Spousal Maintenance Archives

What if my spouse is trying to take all of my property in the divorce?

Divorce can get heated and often one spouse will attempt to over reach. The problem is how do we know when someone is over reaching when it comes to property? Colorado has developed a distinction between marital property and property that belongs to a single spouse. 

Basics of Prenuptial and Postnuptial Agreements

Marital agreements which include prenuptial (before the marriage) agreements and antenuptial or postnuptial (after the marriage) agreements are a common sight in pop culture, but with their common sight comes many misconceptions.  Marital agreements require an understanding of the law and careful eye to become enforceable in court. Although the agreement itself is a contract, you are not able to make any arrangements that are outside of the law. This can often times challenge the writer to ensure each provision will be upheld.

Maintenance Requests in Colorado

Maintenance is Colorado is a hotly debated issue. It seems like the statute is always changing, making it more difficult for spouses to get maintenance (more commonly referred to as alimony). It's true that the current maintenance statute makes Colorado one of the hardest states to get a maintenance order. But before some spouses even begin their argument for why they deserve maintenance they forget to do one simple thing. Most spouses do not even get a chance to make a request for maintenance during a dissolution because they forget request maintenance in the petition for dissolution! While it may seem very simple it is seen more often than not in Domestic Relation courts.

Spousal Maintenance: How is it determined by the Court?

In Colorado spousal maintenance is not guaranteed in a dissolution of marriage and the court takes into consideration several factors to determine whether maintenance is appropriate for the moving party. Colorado has recently formulated new advisory guidelines for maintenance in cases where parties have been married for at least three years and have a combined gross annual income of $360,000 or less. C.R.S. 14-10-114. The determination takes into consideration the months of marriage to appropriately determine maintenance. But before we get to the actual determination of the amount of maintenance, the court takes into consideration several factors to determine if the party moving should be awarded maintenance.

Kishinevsky & Raykin, Attorneys at Law
2851 South Parker Road, Suite 150
Aurora, CO 80014-2722

Phone: 720-863-4256
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