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Alimony Formula.
Colorado uses a specific formula in order to determine an award of maintenance
(alimony). When alimony is requested in a temporary order, there is a refutable
presumption that it is appropriate from the spouse with the higher income
to the spouse with a lower income. When the combined income of the spouses
is less than $75,000.00 the court shall use the following formula:
The amount shall be equal to forty percent of the higher income party's
monthly adjusted gross income less fifty percent of the lower income party's
monthly adjusted gross income. If the remainder of such calculation is
the number zero or a negative number, the presumption shall be that temporary
maintenance shall not be awarded. If the remainder of such calculation
is more than zero, that amount shall be the amount of the monthly temporary
maintenance.
The court may grant a temporary maintenance order when the parties' combined
annual gross income is more than seventy-five thousand dollars only if it
finds that the spouse seeking maintenance lacks sufficient property, including
marital property apportioned to him or her, to provide for his or her reasonable
needs and is unable to support himself or herself through appropriate employment;
or is the custodian of a child whose condition or circumstances make it
appropriate that the custodian not be required to seek employment outside
the home.
-From 14-10-114 of the Colorado Statutes.
Alimony Guidelines.
A temporary maintenance order in those circumstances in which the parties'
combined annual gross income is more than seventy-five thousand dollars
shall be in such amounts and for such periods of time as the court deems
just, without regard to marital misconduct, and after considering all relevant
factors including:
1. The financial resources of the party seeking maintenance, including
marital property apportioned to such party, and the party's ability to
meet his or her needs independently, including the extent to which a provision
for support of a child living with the party includes a sum for that party;
2. The time necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment and
that party's future earning capacity;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age and the physical and emotional condition of the spouse seeking
maintenance; and
6. The ability of the spouse from whom maintenance is sought to meet
his or her needs while meeting those of the spouse seeking maintenance.
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