27 Dec Spousal Maintenance (Alimony)
Colorado “case law contemplate a specific sequence in which the division of property, maintenance, and attorney’s fees computations should occur. First, the court must divide the marital property. Huff, 834 P.2d at 248. It does so based on a number of factors, including the ‘economic circumstances’ of the parties ‘at the time the division of property is to become effective.’ § 14–10–113(1)(c). Critically, ‘property shall be valued as of the date of the decree or as of the date of the hearing on disposition of property if such hearing precedes the date of the decree.’ § 14–10–113(5). This property division is final and generally non-modifiable. § 14–10–122(1)(a).
Second, the court must determine whether maintenance is necessary to provide for the reasonable needs of the party seeking spousal support. Huff, 834 P.2d at 248. Such a maintenance order ‘entered at the time of permanent orders’ shall be established after considering the financial resources of the party seeking maintenance, including marital property apportioned to him or her. § 14–10–114(4), C.R.S. (2013).”
De Koning v. De Koning, 364 P.3d 494, 497 (Colo. 2016)
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