Paying Alimony or Spousal Maintenance and Retirement with Ryan and Amy | Episode 127

Spousal Maintenance and Retirement in DivorceIn this episode of Divorce at Altitude, family law attorneys Ryan Kalamaya and Amy Goscha discuss how spousal maintenance (also known as alimony) is handled in divorce, particularly when retirement is a factor. They break down how the court considers various factors such as the marital property, gross income, and the ability to pay when deciding on spousal support, with a special focus on how retirement age and plans can impact maintenance decisions.Ryan and Amy also explore the guidelines for spousal maintenance in Colorado, how a long-term marriage versus a short-term marriage affects maintenance decisions, and the role of life plans in spousal maintenance. They discuss recent trends in how the courts handle retirement-age spouses and modifications to maintenance when one spouse reaches full retirement age.Episode OutlineIntroduction to Spousal Maintenance and RetirementAmy and Ryan introduce the topic and discuss the importance of understanding spousal maintenance in the context of divorce, particularly for clients nearing retirement.General Factors for Determining Spousal MaintenanceAmy explains the key factors considered by the court when awarding spousal maintenance, including income, property division, reasonable needs during marriage, and ability to pay.Advisory Guidelines for Spousal MaintenanceAmy elaborates on the advisory guidelines in Colorado for combined gross income under $240,000 and how the court applies these guidelines.Challenges with Retirement and MaintenanceThe difficulty of modifying maintenance based on retirement and income is explored. Ryan shares examples of real cases where retirement age and ongoing work conflict with maintenance.Considering the Life PlanAmy emphasizes that the court will look at the life plan of each spouse, especially if one spouse is planning to retire and the other isn’t. The differences in lifestyle and expectations are discussed.Court’s Perspective on Retirement and MaintenanceAmy discusses the court’s view on forcing a spouse to work after retirement or to stop working if they’re capable of earning. Conclusion and TakeawaysRyan and Amy wrap up by emphasizing the importance of understanding how retirement affects spousal maintenance and planning ahead for clients who are nearing retirement age or contemplating early retirement.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.