Marriage of Ferwerda, 24CA0074

The marriage between Janice Annette Crawford Ferwerda (wife) and David Melvin Lopston Ferwerda (husband) was dissolved in 2010, with wife awarded $50,000 lump sum maintenance per their separation agreement.
Later, due to decreased income, wife obtained a modified order for husband to pay her $1,200 per month in maintenance.
In 2023, husband moved to terminate his maintenance obligation, citing job loss, reliance on retirement funds, and approaching retirement age.
Husband’s financial situation included a severance package, retirement withdrawals, and shared expenses with a new partner, but he claimed zero present income.
Wife argued husband had substantial assets, disputed his inability to pay, and asserted her own dire financial need and lack of recent employment.
The magistrate granted termination of maintenance, finding husband’s change of circumstances significant and no evidence of partner support; the district court adopted this ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Effect of new partner’s financial support	Husband received significant support	Husband not being supported by partner	Magistrate erred—evidence showed partner helped satisfy needs
Consideration of wife’s financial status	Wife has very limited income	Wife has undisclosed additional assets	Magistrate failed to make explicit findings on wife’s resources
Sufficiency of magistrate’s findings	Findings were lacking	Rulings sufficient given testimony	Magistrate’s findings insufficient; remand for explicit findings
Basis for terminating maintenance	Circumstances do not justify end	Substantial change renders it unfair	Termination improper given overlooked evidence; remanded for review

In re Marriage of Bowles, 916 P.2d 615 (Colo. App. 1995) (courts may consider financial assistance from a new significant other in maintenance determinations)
In re Marriage of Gibbs, 2019 COA 104 (Colo. App. 2019) (district court must make explicit findings of fact to support its orders)