Modifying Alimony & Maintenance in Colorado

Life is full of unexpected events, many of which can make things more difficult. Job layoffs, career changes, retirement, failing health, divorce, and remarriage are all common — and often unexpected —occurrences in the lives of adults.

If you've experienced a major life change that affects your finances, it may be necessary to submit a modification to your alimony agreement.

At The Harris Law Firm, we understand that every divorcee has the right to maintain the lifestyle they had during their marriage. In the event that your alimony is not suiting that need, either by asking too much or receiving too little, a skilled divorce attorney can help you modify your alimony agreement.

Contact a Colorado alimony lawyer from our firm to get started on your case.

When Can I Request an Alimony Modification?

If you want to request a modification of maintenance, you must meet a certain threshold before the Court will approve your modification. There is a great deal involved with modifying alimony and requests are not always granted.

Common reasons for requesting and obtaining approval for modifying alimony include:

• Change in Income: A significant increase or decrease in either party's income can justify modifying alimony. For example, if the paying spouse loses their job or experiences a reduction in salary, they may request a reduction in payments.
• Remarriage of the Recipient: In Colorado, alimony automatically terminates if the recipient remarries. If the paying spouse becomes aware of the recipient's remarriage, they can file a motion to stop the payments.
• Cohabitation of the Recipient: If the recipient starts living with a new partner and their financial needs significantly decrease due to this cohabitation, the paying spouse may request an alimony modification.
• Retirement: When the paying spouse retires, especially at a reasonable retirement age, they may request an adjustment to alimony based on a decrease in income. The court will consider whether the retirement was voluntary and in good faith.
• Health Issues or Disability: If either party suffers from serious health problems or a disability that impacts their ability to work or maintain the same standard of living, it could be grounds for modifying alimony.
• Cost of Living Changes: A significant change in the cost of living for either spouse could lead to a request for an alimony modification. This is more common if one party relocates to a region with a substantially different cost of living.
• Unexpected Financial Windfall: If the recipient receives a financial windfall (e.g., inheritance, winning a lawsuit), the paying spouse may seek to modify or terminate the alimony payments.
• Changes in Dependent Needs: If the receiving spouse’s need for support decreases due to a change in their dependents' needs (e.g., children becoming financially independent), the paying spouse may request a reduction in alimony.
• Fraud or Misrepresentation: If either party discovers fraud, misrepresentation, or undisclosed assets that impacted the original alimony order, a modification may be requested to correct the situation.

Increasing Alimony from Your Ex

If your ex has been paying maintenance and you learn that he or she has received a substantial income increase, you can petition the court to receive more alimony. The general rule of thumb is that unless the divorce decree specifically states that the amount of maintenance is to never change (called “contractual maintenance”), a court may revisit the amount ordered if there is a substantial (and continuing) change of circumstances that make the prior terms unfair.

The Help a Colorado Alimony Attorney Can Provide

Modifying alimony, especially if alimony is in dispute, can be an emotionally taxing process. Finding a fair solution often involves investigation and scrutiny because alimony must take all assets into account. It can be a stressful process, as one spouse is usually suffering as a result of an unfair alimony agreement. Undisclosed assets can lead to imbalanced alimony payments that do not reflect the reality of either spouse's situation.

Our lawyers can aid in this process because we are highly skilled, highly-experienced litigators. Our negotiation tactics provide the ability to craft beneficial solutions for all parties, but our abilities as trial lawyers ensure that your voice never goes unheard. Many of the lawyers at The Harris Law Firm are skilled at discovery, the legal process by which we uncover all undisclosed information in a modification proceeding. In addition, we can bring clarity to a complex legal situation, providing peace of mind and empowering our clients. If you are suffering under an unfair spousal support agreement, contact our family law attorneys.

Do not face an unfair situation alone—call The Harris Law Firm at (303) 622-5502 to see how we can help you.