On behalf of Cooper & Tanis, P.C. posted in divorce on Tuesday, November 24, 2015.

Whether or not alimony will be ordered is an issue in many Colorado divorces. Judges make the determination whether alimony will be ordered in a case based on several different factors and the circumstances of the marriage.

In making the determination, a court will weigh things like how long the marriage lasted, the incomes of both spouses, the ability of a nonworking spouse to get the education needed for entering the workforce, the ages of the spouses and others. If one spouse makes significantly more than the other, it is likely that alimony will be ordered by the judge, especially if the marriage has lasted for years.

When a court does order alimony, the judge can make the alimony order an indefinite one. People who believe that they may be ordered to pay alimony may want to try to negotiate with their spouse about it. They may try to get their spouse to agree to a certain payment for a limited duration. They may also try to get their spouse to agree to taking a greater percentage of other assets in exchange for waiving their right to request alimony.

There are some circumstances that may make an order for alimony unlikely in a divorce. For example, if the lower-earning spouse has a history of domestic violence against the higher-earning one or has no income due to being incarcerated for a crime, judges are unlikely to grant such a request. People who do believe they are likely to be ordered to pay alimony may want to get the help of a family law attorney. The attorney may be able to negotiate an agreement that protects their client’s financial interests. People who stand to gain alimony may also want to meet with a family law attorney for help with securing the amount that is most appropriate for them.