Each case is considered separately. However, permanent maintenance (Lifetime) is a rare occurrence but happens in some cases if the spouse is disabled, or for some valid reason is unable to support herself. If rehabilitative maintenance is awarded, it is usually for a short period of time usually to give the wife the time and education necessary to be able to support herself.
Good question. Yes, the cash payment would be considered if your spouse requests maintenance. However, if the cash is in the nature of a property settlement rather than maintenance per se, it is NOT used to offset an award of maintenance. If your spouse requests permanent maintenance,the court will consider several factors including the amount of property awarded to her, the length of your marriage, the earning ability of both you and your spouse, whether or not you have children under the age of 30 months, the standard of living enjoyed during the marriage, whether or not your spouse can support herself without your assistance, whether or not your spouse worked during the marriage, your ages, and your ability to pay.
Colorado is an equitable division state. This means that not everything is automatically divided equally. The Courts will award each of you your separate property, which is the property that you had prior to the marriage, property that you inherited, or property that you received as a gift. The Court must divide all marital property equitably. Marital property includes everything that you purchased as a married couple, regardless of how it is titled or who paid for it.
Your spouse will be entitled to a share of the equity, which may or may not be 50%. The Court has to consider the length of the marriage, whether or not she worked or stayed at home raising children, and how the remaining assets and debts are apportioned.
If the bills were incurred for the benefit of the marital estate, such as living expenses, home improvements, family vacations or expenses for the kids, the bills will be considered marital and you will have to split those bills with her. If she incurred bills solely for her benefit such as expensive jewelry, cosmetic surgery, or other frivolous items, the Court MAY not require that you pay for them.
