Temporary Maintenance/Spousal Support in a divorce case is for the period of time between the filing of the case and the court approving the final permanent orders. C.R.S. 14-10-114(2)(b)(I)(A) creates a presumption of temporary spousal support in cases where the parties COMBINED INCOMEs are less than $75,000 a year. In this situation, the amount of temporary maintenance is calculated by taking 40% of the higher wage earner's income and then subtracting 50% of the lower wage earner's income. If the remainder is $0.00 or less, then there is a presumption that maintenance shall not be awarded. However, if the number is more than 0 (any positive number), then that amount shall be the amount awarded for temporay spousal support.
HOWEVER, if the parties combined income is greater than $75,000 per year, then the standards for temporary awarding spousal support is the same as for awarding permanent spousal support. In order to qualify, the requesting spouse MUST both 1) lack sufficient property to provide for their reasonable needs, AND 2) is unable to support themself through appropriate employment. IF both of these factors exist, then the court shall evalute the remaining factors. Those are explained under the 'spousal support' tab on this site.
You may contact us at Mediation Partners, or through
www.divorcehelpcenter.net to discuss your case further.