If you’re going through a divorce in Colorado, spousal maintenance (what many people call alimony) is likely on your radar. Whether you expect to pay it or receive it, understanding how Colorado handles maintenance can help you prepare for what’s ahead and make better decisions during the process.
Colorado uses a specific framework to guide maintenance decisions. While courts have discretion, there are advisory guidelines that shape most outcomes. Here’s what you need to know.
Spousal Maintenance vs. Alimony: A Quick Clarification
Colorado officially calls it “spousal maintenance” rather than alimony, though both terms refer to the same thing: financial support paid by one spouse to the other during or after a divorce. You’ll hear both terms used interchangeably, but if you’re searching Colorado statutes or court documents, “maintenance” is the legal term you’ll find.
Temporary vs. Permanent Maintenance
There are two main categories of spousal maintenance in Colorado.
Temporary maintenance is awarded while the divorce is still pending. Its purpose is to help the lower-earning spouse cover basic living expenses during the proceedings. Temporary maintenance ends when the divorce is finalized, at which point the court may or may not order a longer-term arrangement.
Permanent (or long-term) maintenance is awarded as part of the final divorce decree. Despite the name, “permanent” maintenance isn’t truly permanent. It always has a defined end date. Courts look at the full picture of the marriage and each spouse’s financial situation to determine whether ongoing support is appropriate and for how long.
How Colorado Calculates the Amount
Colorado has advisory guidelines that provide a starting point for calculating both the amount and duration of maintenance. These guidelines apply to marriages where the combined adjusted gross income of both spouses is $240,000 or less per year.
Under the current formula, the suggested maintenance amount is calculated as:
1. Combined monthly adjusted gross income
2. 40% of combined monthly adjusted gross incomes
3. 100% of lower-income party’s monthly adjusted gross income
4. Line 2 minus Line 3 (not less than Zero)
5. 75% of line 4
6. Maintenance result: line 5
For example, if one spouse earns $10,000 per month and the other earns $3,000 per month, the guideline calculation would look like this:
- Combined monthly adjusted gross income: $13,000
- 40% of $13,000 = $5,200
- 100% of $3,000 = $3,000
- $5,200 minus $3,000 = $2,200
- 75% of $2,200= $1,650
- Maintenance result= $1,650
Keep in mind, these are advisory guidelines, not mandatory formulas. Courts can deviate from them based on the specific circumstances of the case.
How Duration Is Determined
The advisory guidelines also suggest a duration for maintenance based on how long the marriage lasted. Generally, the longer the marriage, the longer the suggested maintenance period.
For a 10-year marriage, the suggested duration is approximately 5 years. For marriages lasting 20 years or more, the guidelines suggest maintenance for up to 10 years.
What Factors Do Courts Consider?
Even with guidelines in place, Colorado courts have significant discretion. Under Colorado Revised Statutes § 14-10-114, When a party has requested maintenance in a dissolution of marriage, legal separation, or declaration of invalidity proceeding, before granting or denying an award of maintenance, the court shall make initial written or oral findings concerning:
- The amount of each party’s gross income;
- The marital property apportioned to each party;
- The financial resources of each party, including but not limited to the actual or potential;
- Income from separate or marital property;
- Reasonable financial need as established during marriage; and
- Whether maintenance awarded under this section would be deductible for federal income tax purposes by the payor and taxable income to the recipient.
After making the initial findings described above, the court shall determine the amount and term of the maintenance award, if any, that is fair and equitable to both parties after considering:
- The guidelines for the term and amount of maintenance, as outlined in the statute;
- All relevant factors, including:
- The financial resources of the recipient spouse;
- The financial resources of the payor spouse;
- The lifestyle during the marriage;
- The distribution of marital property;
- Both parties’ income, employment, and employability;
- The historical income of a party;
- The duration of the marriage;
- The amount and term of temporary maintenance;
- The age and health of the parties;
- Significant contribution to the marriage or the advancement of a party;
- Whether the parties’ circumstances warrant a nominal amount of maintenance; and
- Any other factor that the court deems relevant.
- Whether the party seeking maintenance has met the requirement for a maintenance award.
No single factor controls the outcome. Courts weigh all of these considerations together, which is why two cases with similar incomes can produce very different maintenance awards.
Can Spousal Maintenance Be Modified?
Yes, but not without reason. Either party can request a modification of maintenance if there has been a substantial and continuing change in circumstances. Common examples include a significant change in either spouse’s income, the receiving spouse becoming self-supporting, retirement, or serious health changes.
It’s worth noting that if the original maintenance order was agreed upon by both spouses (rather than ordered by the court after a hearing), the agreement may include terms that limit or prevent future modifications. This is something to pay close attention to during settlement negotiations.
Tax Implications
Under current federal tax law, spousal maintenance payments are not tax-deductible for the paying spouse and are not counted as taxable income for the receiving spouse. This is a change from pre-2019 rules, so if you’re working with older information or know someone who divorced before 2019, be aware that the tax treatment is different now.
Colorado follows the same federal treatment for state taxes. This means the paying spouse bears the full tax burden on the income used for maintenance payments, which can affect negotiations around the amount.
How Spousal Maintenance Interacts with Other Divorce Issues
Maintenance doesn’t exist in a vacuum. It’s closely connected to the division of marital property and child support calculations.
For instance, if one spouse receives a larger share of marital assets, a court may award less maintenance (or none at all) since that spouse has more financial resources. Similarly, child support obligations are calculated separately but can influence the maintenance analysis since both draw from the same pool of income.
Understanding how these pieces fit together is critical. A decision that looks favorable in isolation (like a larger property share) might be less advantageous when you see how it affects maintenance.
What You Should Do Next
Spousal maintenance cases in Colorado depend heavily on the specific facts of each situation. The guidelines provide a framework, but the outcome of your case will turn on the details of your marriage, your finances, and your goals for the future.
If you’re facing a divorce and have questions about how maintenance might apply to your situation, the best step is to talk with an experienced Colorado family law attorney who can evaluate your circumstances and give you a realistic picture of what to expect.
At Nexus Family Law Group, we help clients across Colorado navigate the financial complexities of divorce, including spousal maintenance. Contact us to schedule a consultation and get clarity on where you stand.
This article provides general information about spousal maintenance in Colorado and should not be taken as legal advice. Every situation is different, and the outcome of your case will depend on your specific circumstances. For guidance tailored to your situation, please consult with a qualified family law attorney.