Spousal Maintenance

Maintenance law is complex. We have extensive experience litigating the issue of spousal maintenance in Colorado trial courts and on appeal.

Spousal Maintenance in Colorado

In Colorado, a party may obtain a temporary or permanent maintenance award in certain circumstances. The purpose of spousal maintenance is to provide for the reasonable needs of the lower-earning spouse.

For example, an unemployed spouse who stayed at home to care for a minor child may receive spousal maintenance for a period of time to allow them to obtain the training necessary to re-enter the workforce.

Requirements for Spousal Maintenance

The court often orders spousal maintenance under the following circumstances.

  • The spouse lacks sufficient property to provide for their reasonable needs
  • The spouse cannot support themself through appropriate employment
  • The spouse is the custodian of a child whose condition or circumstances make employment outside the home inappropriate

The court considers various factors in determining whether to award maintenance, including:

  • Each spouse’s gross income
  • The marital property awarded to each spouse
  • The financial resources of each spouse
  • Each spouse’s reasonable financial need as established during the marriage

Several of the factors are subjective. The standard of living established in a marriage, or reasonable financial needs, depends on the facts of each case. Also, whether a spouse can support themselves through appropriate employment depends on the specific circumstances. The judge has the flexibility to decide the outcome based on the facts presented.

An experienced family law attorney can help achieve a positive outcome. We work with our clients to successfully navigate the legal complexities involved in a spousal maintenance claim.

We present the facts and legal arguments compellingly, including presenting evidence of the parties’ expectations, intentions, and conduct during the marriage.

The court may consider the following when deciding whether to award spousal maintenance:

  • The time necessary for the eligible spouse to acquire enough education or training for appropriate employment

  • The age and health of the parties, including consideration of significant health-care needs or uninsured or unreimbursed health-care expenses

  • The ability of the paying spouse to meet their individual needs while meeting the needs of the eligible spouse
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Types of Spousal Support

Temporary Spousal Maintenance

The court may hold a temporary orders hearing as part of the divorce process. During the hearing, the court may consider whether to award temporary maintenance. Temporary maintenance only applies until the entry of the final divorce decree.

Permanent Spousal Maintenance

In Colorado, the judge has discretion in determining the amount and duration of spousal maintenance depending on a number of factors including the financial resources of each party, lifestyle during the marriage, duration of the marriage, age, and health of the parties, and significant economic or noneconomic contributions to the marriage or to the economic, educational, or occupational advancement of a party.

Marriages of Three to Twenty Years with a Combined Gross Income of $240,000 or Less

Colorado law provides an advisory formula to assist judges in determining the amount and duration of the spousal maintenance. However, the formula is not intended as a presumptive amount or term of maintenance, and the judge must consider all relevant factors in determining whether to award spousal maintenance.

Marriages with a Combined Gross Income Exceeding $240,000

The advisory formula does not apply in these cases. The court must base its maintenance determination on all relevant factors including the financial resources of each party, lifestyle during the marriage, duration of the marriage, age, and health of the parties, and significant economic or noneconomic contributions to the marriage or to the economic, educational, or occupational advancement of a party.

Spousal Maintenance FAQs

Prior to January 1, 2019, maintenance was tax-deductible to the payor and taxable to the recipient. For divorce decrees issued on or before January 1, 2019, maintenance payments remain tax-deductible to the payor and taxable to the recipient.

As of January 1, 2019, the payor may not deduct maintenance payments for income tax purposes, and the recipient is not taxed on the maintenance payments.

Any modification to spousal maintenance requires a court order. The court may modify a maintenance award upon a showing of changed circumstances so substantial and continuing as to make the terms unfair. The death of either party or the receiving spouse’s remarriage typically terminates maintenance.

Typically no. Colorado is a no-fault divorce state, meaning the conduct of either party does not typically impact either party’s eligibility for spousal maintenance.