Alimony Laws in Colorado

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In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is known as maintenance in Colorado. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony in Colorado is to assist a spouse who is unable to secure employment and does not have sufficient property to provide for his or her needs.  Maintenance is not automatic in Colorado, even if a spouse is shown to need it.

 

To be eligible for alimony, spouses in all states, including Colorado, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. The longer the marriage, the more likely Colorado courts may be to award alimony. If the marriage lasted 20 years or more, the court may even award lifetime alimony. Because Colorado is a no-fault divorce state, alimony is awarded without regard to marital misconduct.

 

In Colorado, if a couple’s combined gross income is under $75,000 per year, the judge will typically order temporary maintenance according to the following formula: 40% of the higher income earner's gross monthly income minus 50% of the lower income earner's gross monthly income. This Colorado alimony formula applies regardless of the length of the marriage, but does not apply to those couples' whose combined earnings exceed $75,000 per year.

 

If a couple exceeds the income threshold, Colorado courts will consider temporary alimony under the same factors that permanent maintenance is awarded. There is no such formula to guide Colorado courts when awarding temporary after dissolution of marriage. According to Colorado Revised Statutes Title 10, 14-10-114, family law judges are encouraged to follow the following guidelines:

 

  • The financial resources of the party seeking maintenance, including marital property apportioned to such party, and the party's ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party
  • The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party's future earning capacity
  • The standard of living established during the marriage
  • The duration of the marriage
  • The age and the physical and emotional condition of the spouse seeking maintenance
  • The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance

 

The standard for modification of a maintenance award in Colorado is whether there has been a substantial and continuing change in circumstances that renders the original amount unfair. The parties can also agree to make an alimony award modifiable under a more relaxed standard, make the award permanent, or modifiable upon a certain event, such as the retirement of one of the spouses. Under Colorado law, maintenance is terminated by the death of either party or the remarriage of the spouse receiving alimony. The Colorado Family Law Guide provides a complete discussion of alimony in the state.