Spousal Support Modification Attorney

The attorneys at Philip Goldberg PC have extensive experience litigating modifications of spousal support. We assist clients seeking to modify spousal support, and we also represent clients defending against their ex-spouse’s modification request. Contact our office to schedule a consultation.

What is Spousal Maintenance Modification?

The court may modify a prior maintenance award when the circumstances of the parties have so substantially and continually changed that the original award has become unfair.

A motion to modify maintenance must be filed before the expiration of the current maintenance term.

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Schedule a consultation to discuss your family law issue.

Requirements for Spousal Maintenance Modification

Colorado law sets specific standards for modification of spousal maintenance. A change in income is usually not enough to warrant a modification to spousal maintenance.

The party requesting the modification must show that the parties’ circumstances have changed in such a substantial and continuing way as to make the terms of the original maintenance award unfair.

Potential Reasons for Modification

  • Change in a career with a significant change in income
  • Development of a physical or mental disability
  • Permanent loss of assets or property
  • Other significant and continuing change in financial circumstances

If either party experiences a significant and continuing change in circumstances that renders the original maintenance award unfair, either party may request modification.

How a Divorce Lawyer Helps with Spousal Maintenance Modification

Colorado law regarding spousal maintenance is complex, and requesting a modification to the current maintenance order requires a clear understanding of the statutory factors and procedural process required for modification. Our attorneys have extensive experience representing clients in spousal maintenance modification proceedings.

We will:

  • Explain the entire process so you fully understand the factors involved and what the judge will expect from each party
  • Assist with drafting and filing the motion (or response to the motion) to modify maintenance
  • Gather financial information and prepare your financial disclosures
  • Help you understand and analyze the other parent’s financial information and circumstances including calculating income from self-employment, determining voluntary unemployment or underemployment, assessing taxable income based on the vesting of stock options or restricted stock units, analyzing income from trusts and other estate planning vehicles, and multiple other issues
  • Prepare and present your case at mediation and trial

Contact us with questions or to schedule a consultation.

Spousal Maintenance Modification FAQs

Either spouse may waive the right to receive maintenance if the waiver is in writing or made orally in court. The waiver must be knowing and voluntary without coercion.

Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the earlier of: the death of either party; the end of the maintenance term, unless a motion for modification is filed prior to the expiration of the term; the remarriage of or the establishment of a civil union by the party receiving maintenance; or a court order terminating maintenance.

Yes. The law does not require that you work with a family law attorney for modification issues. However, working with an experienced attorney helps ensure the best outcome in your case.

Legal Support for Modification of Spousal Maintenance

The attorneys at Philip Goldberg PC have extensive experience litigating modifications of spousal support.

Contact our office to schedule a consultation.