Alimony and Spousal Maintenance Explained

Family law in most states refers to alimony as spousal maintenance,
but it is the same thing. The maintenance law in Colorado for example
recognizes that in most cases both spouses have contributed to a
couple's overall quality of life, and that non-economic contributions
by each spouse have likely enabled greater earning potential for the
other. It can be difficult to fairly distribute a couple's income,
especially where one of the parties to a divorce has foregone
educational opportunity or work experience in support of higher
earnings for the other. This is where maintenance comes in.The purpose
of maintenance is to bridge an income gap, usually temporarily, to
soften the economic hardship that someone with little or no earning
potential might suffer at the loss of a spouse's income. The concept
of maintenance in Colorado emphasizes its temporary nature, and the
need to ease a transition to financial independence.Temporary Alimony
(Maintenance)Maintenance is usually first raised in the early stages
of a divorce, when the court is still considering temporary orders.
Temporary orders govern during the rest of the divorce proceeding,
until all issues are worked out and a final order can be entered, and
these temporary orders are often based on a different legal standard
and different factors than the final award.For example temporary
maintenance in Colorado divorce cases for couples with a combined
income of less than $75,000.00 per year is determined based on a
presumptive formula. The formula requires payment to the party with a
lower income by the party with a higher income, if there is a
significant gap between the two. The greater the income gap between
parties, the greater the payments ordered. That formula is presumptive
because it can be modified or abandoned altogether based on individual
circumstances and the amount of income in question. Couples with a
combined income over $75,000.00 per year must show an inability for
one party to meet reasonable needs to justify any temporary
maintenance award.As with almost any other issue to be decided in a
divorce or legal separation, the maintenance issue can be agreed upon
by the parties. In that case, the court will accept the agreement and
there is no need to resort to formulas or demonstrate any
need.Permanent Alimony (Maintenance)"Permanent maintenance" is
probably a misleading phrase. It would be better stated as long-term
maintenance. The goal of maintenance in most states is primarily to
assist with transition to financial independence after a separation.
Accordingly, maintenance awards that go on forever are rare. However,
courts do regularly issue maintenance awards as part of the permanent
orders entered at the end of a case. Those orders are not based on the
same formulas and guidelines that apply to temporary maintenance
awards, but are instead much more tailored to the all the individual
circumstances of the parties involved, and almost always come with
terms for expiration.For example, a court may award maintenance to one
spouse for a period that would allow for completion of the education
or training needed to sustain a reasonable quality of life following a
separation.Modification of Alimony (Maintenance)An order for
maintenance issued with permanent orders is still subject to
modification if certain conditions are met. Specifically,
circumstances must change for one of the parties that render the
ongoing payments unfair. To qualify, the change in circumstances must
be substantial and ongoing. Accordingly, loss of a job would likely
justify a modification, but temporary economic hardship probably would
not.If justification exists, the process for requesting modification
begins with a motion to the court describing the change in
circumstance and justifying a specific modification. It is important
to act quickly once a modification is justifiable because any
modification granted by the court will only be effective from the time
of the motion in most cases. In other words, a modification usually
will not reduce maintenance that is already owed but
unpaid.Enforcement of Alimony (Maintenance)Maintenance is paid by
order of the court, even where the parties themselves determined the
amount to be paid by agreement. Obviously then, failure to pay
maintenance is a violation of a court order and that means the
violator could be held in contempt. There are several actions the
court can take to enforce its orders.A court can order payment of
maintenance by directing an employer to automatically divert the
payment from the pay of the party owing maintenance. That can happen
at the time of permanent orders or after a court has determined that a
party is failing to pay.Family Support RegistryA Family Support
Registry is available as an intermediary by agreement or court order.
The Family Support Registry will receive, disburse, and monitor
payments. By doing so, the Registry creates a record of payment or
non-payment that can be referred to later in court if needed.If a
party who owes maintenance fails to pay, the other party can file a
motion that basically asks the court to bring in the owing party to
explain their failure or face punishment. The court will then require
both sides to attend a hearing in which the owing party will have to
"show cause" for the failure. The court will consider the party's
ability to pay and will expect to see evidence of non-compliance. If
the court finds that the owing party can pay but has not, it can
garnish wages and punish the owing party with fines and attorney
fees.