Frequently Asked Questions
How is Divorce Maintenance calculated per the statute?
Maintenance during a pending divorce
Maintenance is the payment, usually made monthly, from one spouse to another. Maintenance was formerly known as alimony. Colorado’s divorce statute is no-fault and requires that maintenance be determined “without regard to marital misconduct.”
The court will consider temporary maintenance in Colorado, in cases where a couple’s combined gross annual income is under $75,000. The calculated payment uses 40% of the higher income earner’s gross monthly income minus 50% of the lower income earner’s gross monthly income. This gives the presumptive maintenance amount as long as the amount calculated amount is not more than 40% of the combined annual income of the parties. The court will then allocate the monthly expenses between the parties. For spouses where the combined gross annual income in over $75,000, the court may extrapolate from the calculated amount.
In Collaborative Divorce do we have to do all the paperwork as in a litigated case?
Yes, the documents produced using the Collaborative model for your divorce meet all the requirements of the state of Colorado. The state requires that certain specific documents be filed regardless of the method used to resolve your divorce issues. Whether your case is resolved through the Collaborative process, mediation, arbitration, or litigation, the exact same documentation is required by the court. Your choice is to determine which resolution process is best suited for you and your family.
What happens if settlement cannot be reached?
Even if the team is able to settle only some of the issues through the Collaborative process, the parties do have options. You can agree to submit the remaining issues to a Collaborative arbitration process or proceed to litigation with new counsel.
In the event you decide to litigate the remaining issues your collaborative attorneys will remain involved until you have obtained new counsel.
Photo by Janko Ferlic on Unsplash