The Complete Guide to Spousal Maintenance in Colorado

What is Spousal Maintenance?

Spousal maintenance — commonly referred to as alimony — is a court-ordered payment from one spouse to the other following a divorce or legal separation. In Colorado, spousal maintenance is governed by C.R.S. § 14-10-114 and is designed to help a lower-earning spouse maintain a reasonable standard of living after the dissolution of the marriage.

Unlike child support, which follows strict formulaic guidelines, spousal maintenance involves a more nuanced analysis that considers the specific circumstances of each case. While Colorado has adopted advisory guidelines to provide a starting framework, courts retain significant discretion in determining the amount and duration of maintenance awards.

Eligibility for Spousal Maintenance

Not every divorcing spouse is entitled to maintenance. Colorado courts first determine whether a spouse is eligible for maintenance before calculating the amount and duration. A spouse may be eligible if they lack sufficient property to provide for their reasonable needs, or if they are unable to support themselves through appropriate employment.

Factors Courts Consider

When evaluating eligibility and determining an appropriate award, courts consider a comprehensive set of factors including the financial resources of the requesting spouse, the time necessary to acquire sufficient education or training, the standard of living established during the marriage, the duration of the marriage, the age and health of the requesting spouse, and the ability of the paying spouse to meet their own needs while paying maintenance.

The Advisory Guideline Formula

For marriages lasting between 3 and 20 years, where the combined adjusted gross income does not exceed $240,000 annually, Colorado courts apply an advisory guideline formula. The formula calculates maintenance as 40% of the higher earners monthly adjusted gross income minus 50% of the lower earners monthly adjusted gross income.

Duration Guidelines

The advisory guidelines also provide recommended durations based on the length of the marriage. For a 5-year marriage, the suggested duration is approximately 21 months. For a 10-year marriage, approximately 42 months. For a 15-year marriage, approximately 63 months. For a 20-year marriage, approximately 84 months. These are advisory only — courts can deviate based on the specific circumstances of the case.

When Guidelines Dont Apply

The advisory guidelines do not apply to marriages shorter than 3 years, combined incomes exceeding $240,000, or cases involving unusual circumstances that make application of the guidelines inequitable. In these situations, courts exercise broader discretion and may rely more heavily on the statutory factors.

Temporary vs. Permanent Maintenance

Colorado recognizes two forms of maintenance: temporary and permanent. Temporary maintenance is awarded during the pendency of the divorce proceedings to maintain the status quo while the case is resolved. Permanent (or post-decree) maintenance is awarded as part of the final divorce decree.

Temporary maintenance often follows the advisory guidelines more closely than permanent maintenance, as courts have less information available at the early stages of a case. Permanent maintenance awards may deviate significantly from the guidelines based on the full picture that emerges during the proceedings.

Modification and Termination

Spousal maintenance orders are not necessarily permanent or unchangeable. Either party can petition the court to modify a maintenance order based on a substantial and continuing change of circumstances. Common grounds for modification include a significant increase or decrease in either partys income, loss of employment, disability or serious illness, retirement, and changes in the cost of living.

Automatic Termination Events

Under Colorado law, spousal maintenance automatically terminates upon the death of either party, the remarriage of the receiving spouse, or the establishment of a common-law marriage by the receiving spouse. Courts can also include specific termination provisions in the maintenance order, such as a termination date or triggering events.

Tax Implications

Since the Tax Cuts and Jobs Act of 2017 (effective for divorces finalized after December 31, 2018), spousal maintenance is no longer deductible by the paying spouse and is not considered taxable income to the receiving spouse. This change significantly impacted the economics of maintenance awards and must be factored into any settlement negotiations.