Schwartz Law Firm


Photo of the Schwartz Law Firm legal team

New Colorado Spousal Support Formula: Could It Be On The Way Here?

Effective January 1, 2016, Colorado adopted its new spousal support maintenance formula. It follows the path of states like Maine, Oklahoma, Texas, and New Jersey in adopting a formula similar to child support to achieve uniformity, providing judges with a guideline to follow when awarding spousal support.

The legislation was spearheaded by Mercedes Aponte, a woman who had experienced the pinch of poverty when, at 47, she found herself divorced and jobless. The judge in her case only gave her 18 months of alimony – enough time in his eyes for her to regain her financial footing. 

As with all things, family law attorneys are split on how the formula will impact their clients. The formula is only “advisory”, so judges may choose to ignore it and continue with the status quo, considering factors such as income, need, length of the marriage, and marital property (some of the same factors judges in Michigan are required to consider).

According to some, the formula will impact high wage earners the most – resulting in as much of 40 percent of their income going to ex-spouses.

What will the real outcome be? Will Michigan adopt similar formulas?

Only time will tell.

Read more and judge for yourself.