Spousal Support Attorney Serving Fountain, CO
R. Robert Clothier, P.C. serves Fountain, CO, from its Colorado Springs office. Spousal support, called maintenance under Colorado law, is a court-ordered financial payment from one spouse to the other following divorce or legal separation. The firm has handled spousal support cases and related
family law matters throughout El Paso County since 1989. If you have questions about your rights to maintenance, call
(719) 579-6565 to schedule a consultation.
Colorado Spousal Maintenance: What Fountain Residents Need to Know
Colorado law refers to alimony as "maintenance," governed by C.R.S. § 14-10-114. Advisory guidelines apply when the parties' combined gross annual income does not exceed $240,000 and the marriage lasted at least three years. The suggested amount equals 40% of the higher-earning spouse's gross monthly income minus 50% of the lower-earning spouse's gross monthly income, capped at 40% of combined gross monthly income. Courts are not bound by this figure; it is a starting point.
When combined income exceeds $240,000, or the marriage extended well beyond 20 years, the court weighs broader statutory factors: each spouse's financial resources, marital standard of living, earning capacity, age, health, and career or educational contributions. Consulting a spousal support attorney early helps Fountain residents understand how these factors apply to their situation.
How Is Spousal Support Calculated in Colorado?
The advisory formula is the starting point, but courts may deviate based on the full financial picture. Factors that typically shape a determination include the length of the marriage, each spouse's gross income and earning potential, the marital standard of living, property division outcomes, age and health of both parties, and significant career sacrifices made by either spouse.
For marriages between three and twenty years, the advisory duration multiplier increases gradually. Courts may consider indefinite maintenance for very long marriages. Working with an experienced spousal support attorney helps you understand which factors favor your position before negotiations or a hearing.
Working Through the Process
1. Meet with a spousal support attorney to review your income, assets, and marriage length.
2. Gather financial documentation, including tax returns, pay stubs, and a sworn financial statement.
3. Apply the C.R.S. § 14-10-114 advisory formula and evaluate whether deviation arguments apply.
4. Negotiate a maintenance agreement or prepare for a hearing in El Paso County District Court.
5. Receive and enforce the final order, or seek modification if circumstances later change.
Modification and Termination of Maintenance
Colorado courts may modify a maintenance award when a party shows a change in circumstances so substantial and continuing that the original terms have become unfair. Common triggers include involuntary job loss, serious illness, or a material shift in earning capacity. Maintenance automatically terminates upon the death of either party or the remarriage of the receiving spouse, unless the original order states otherwise. Cohabitation alone does not automatically end support but may support a modification petition if it materially improves the recipient's financial position.
If your order was entered as non-modifiable by written agreement, the original terms generally remain fixed regardless of changed circumstances. A spousal support attorney can review your existing order and advise whether a modification petition is worth pursuing.
Fort Carson and Military Divorce Considerations
Fountain sits adjacent to Fort Carson, one of the Army's largest installations. Military divorce introduces additional legal layers. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs how military retirement benefits may be awarded to a non-military spouse, and those figures can significantly affect what maintenance looks like. Basic pay, housing allowances, and deployment status may all factor into income calculations. Active duty members also carry rights under the Servicemembers Civil Relief Act (SCRA) that can affect hearing timing when a service member is deployed.
R. Robert Clothier, P.C. has experience handling
divorce cases involving military families in the Fountain and Colorado Springs area and is familiar with the intersection of state maintenance law and federal military regulations.
Frequently Asked Questions
What Is the Difference Between Spousal Support and Alimony in Colorado?
They are the same thing. Colorado law uses the term "maintenance," but spousal support and alimony all refer to the same court-ordered financial payments between spouses following divorce or legal separation.
How Long Does Spousal Support Last in Colorado?
Duration depends on the length of the marriage and the facts of the case. For marriages between three and twenty years, Colorado's advisory guidelines establish a duration multiplier that increases with each month of marriage. Courts may consider indefinite maintenance for very long marriages.
Can Spousal Support Be Modified After Divorce?
Yes, in most cases. Unless the parties agreed to non-modifiable maintenance, either spouse may petition the court upon showing a substantial and continuing change in circumstances that makes the original terms unfair.
Does Military Pay Count as Income for Spousal Support Purposes?
Generally, yes. A service member's base pay and certain allowances can factor into the income calculation. Military retirement benefits may also be subject to division under USFSPA, which can influence the overall support picture in a Fort Carson military divorce.
How Do I Get Started?
Contact R. Robert Clothier, P.C. to schedule a reduced-fee initial consultation. You can discuss your situation, understand your options, and decide whether to retain the firm before making any commitment.
