Spousal Maintenance

17 And when he was gone forth into the way, there came one running, and kneeled to him, and asked him, Good Master, what shall I do that I may inherit eternal life?

18 And Jesus said unto him, Why callest thou me good? there is none good but one, that is, God.

19 Thou knowest the commandments, Do not commit adultery, Do not kill, Do not steal, Do not bear false witness, Defraud not, Honour thy father and mother.

20 And he answered and said unto him, Master, all these have I observed from my youth.

21 Then Jesus beholding him loved him, and said unto him, One thing thou lackest: go thy way, sell whatsoever thou hast, and give to the poor, and thou shalt have treasure in heaven: and come, take up the cross, and follow me.

22 And he was sad at that saying, and went away grieved: for he had great possessions.

23 ¶ And Jesus looked round about, and saith unto his disciples, How hardly shall they that have riches enter into the kingdom of God!

24 And the disciples were astonished at his words. But Jesus answereth again, and saith unto them, Children, how hard is it for them that trust in riches to enter into the kingdom of God!

25 It is easier for a camel to go through the eye of a needle, than for a rich man to enter into the kingdom of God.

26 And they were astonished out of measure, saying among themselves, Who then can be saved?

27 And Jesus looking upon them saith, With men that trust in riches, it is impossible; but not impossible with men who trust in God and leave all for my sake, for which such all these things are possible.


                                                                        Matthew 10:17-27 (JST) of the King James Bible


Dealing with financial issues in a divorce can seem “impossible” especially when the “riches” or assets are sizable and both sides cannot come to a reasonable agreement. Mark Anthony Law has helped numerous clients navigate the difficult road of division of assets and debts as well as determining whether spousal maintenance is a valid request.


C.R.S. § 14-10-114 dictates the guidelines for courts concerning spousal maintenance. This does not mean that courts cannot deviate from the statute because they can and they do. But § 14-10-114 at least gives us a starting point to know how to persuade a court to rule in your favor.


Here is what a judge considers:

(3) (a) (I) Determination of maintenance. When a party has requested maintenance in a dissolution of marriage, legal separation, or declaration of invalidity proceeding, prior to granting or denying an award of maintenance, the court shall make initial written or oral findings concerning:

(A) The amount of each party’s gross income;

(B) The marital property apportioned to each party;

(C) The financial resources of each party, including but not limited to the actual or potential income from separate or marital property; and

(D) Reasonable financial need as established during the marriage.


Thus, finances, assets, the needs of the receiver and the ability of the payor are what initially guide a judge in determining spousal maintenance.


But, years of marriage also matter. A party’s disability is a factor. One party becoming a stay-at-home parent at the behest of the other party is considered. In fact, a multiplicity of issues and facts may be contemplated by a court. Thus, emphasis determines outcome.


As noted above, different factors apply to different types of spousal maintenance cases. But, remember, every spousal maintenance case turns on the facts and the situations of the parties. Incomes. Needs. Ability. Disability. Spousal maintenance cases can be difficult to deal with on one’s own.


Call us today for help in preparing for and navigating through your spousal maintenance case.

Give us a call. We can help.


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