How does the court decide if spousal support should be awarded?
Spousal maintenance, known in other states as “alimony” or “spousal support,” can be sought by either party in a divorce or legal separation matter. In Colorado, there is no absolute entitlement to spousal maintenance. The court must first determine if the spouse is entitled to support. If entitlement is found, the court then determines the amount and duration of maintenance. In finding entitlement, the court is required by statute to determine whether 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 him or herself through appropriate employment or is a custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. The amount and length of time of maintenance, if justified, involves consideration of all “relevant factors”, which include many things, including the financial r
