Calculating temporary alimony can be a contentious process.
In Part I of my series about alimony in Colorado (which you can read here), I discussed how alimony (officially called “maintenance”) is awarded as part of temporary orders while a divorce is pending. Specifically, that post dealt with the formula that is presumptively applied when the parties earn a combined annual income of $75,000 or less. In this post, I will continue with the discussion of temporary maintenance (that is, maintenance awarded before the divorce is final) for situations in which the spouses together earn more than $75,000 per year.
When the husband and wife’s combined annual income is greater than $75,000 per year, there is no presumptive formula or guideline for the court to apply. As such, the amount to be awarded is determined on a case-by-case basis. Each case is different, and different judges will calculate temporary alimony differently.
Step 1. Is a spouse eligible for temporary maintenance?
The judge weighs the witness’s credibility.
It can be a scary and intimidating experience to testify in court. Most people don’t have to testify in court very often. It is okay to be nervous. Most people are nervous when they testify.
To some extent, testifying in court is uncomfortable because it is unnatural: Witnesses can’t just come into the courtroom, talk directly to the judge or jury, and say whatever they want. Rather, they have to answer questions posed by a lawyer, while the judge and jury listen to the exchange.
If you are being called as a witness it is either because you are a party in the case or one of the attorneys believes you have important information that the judge or jury needs to consider in making a decision. Whenever I am preparing a witness to testify, I give them the following instructions:
It is more likely for your divorce to be uncontested when you know your rights.
When a prospective client calls to discuss a divorce, one of the first questions I ask is whether the case is contested or uncontested. This is especially true when people want to know how much I charge for divorce. Uncontested divorces are much cheaper because there are no issues to be decided by a judge or mediator. Most people hope their divorce will be uncontested, but in reality there are very few truly uncontested divorces.
The Uncontested Divorce. An uncontested divorce is one in which both spouses want the divorce. They have discussed the issues: how the property and debts will be divided, whether maintenance will be paid and how much, where the children will live, how much child support will be paid, how much parenting time the non-custodial parent will have with the children. Whatever the issues the soon-to-be ex-spouses face, they have discussed them and have reached an agreement. It is very helpful for the agreement to be in writing, to prevent miscommunication and misunderstanding. Uncontested divorces are rare because if the spouses could communicate and reach consensus, the chances are they wouldn’t be getting a divorce.
Temporary spousal maintenance is designed to equalize the finances until the divorce is final.
Alimony is a payment of money from one spouse to another for the purpose of financial support or equalization of incomes. In Colorado, alimony is technically called “spousal maintenance.” There are two kinds of spousal maintenance: temporary and permanent. Temporary maintenance is the payment of money from one spouse to the other before the marriage has been dissolved (i.e., before the divorce is final). Permanent maintenance–what most people think of when they hear the term “alimony”–is the payment of money from one former spouse to the other after divorce.
In this article, I will discuss temporary maintenance when the spouses earn a combined annual income of $75,000 or less. In future articles, I will discuss 1) temporary maintenance when combined annual income exceeds $75,000; 2) permanent maintenance; and 3) other aspect of alimony, including modification, termination, and tax treatment.