Spousal Support still allowed even if other Resources
Parties are not required to spend all their savings or exhaust all their marital assests before becoming eligible for spousal support. A Denver Divorce Mediator can help you evaluate your particular situation. Likewise, a party is not requied to cash in their retirment plan nor pick the highest paying option in a retirement plan for purposed of "imputed income" in evaluting a parties qualification for spousal support. The Colorado Supreme Court has held that imputing income to a party for either of these is an improper application of the law. In Re. Folwell (click here to read the full opinion). Rather, Colorado law has consistently held that the court must consider ALL relvant factors in reaching their decision regarding maintenance. Likewise, support may be ordered to be paid from a pension benefit even after the pension has been divided, but the other relevant factors support an award of spousal support. Please contact a Denver Divorce Mediation mediator at Mediation Partners to discuss the particulars of your case further.