Requirements for Spousal Maintenance Modification
Colorado law sets specific standards for modification. Changes in income may not be enough to justify a change in spousal maintenance. While the court uses the statutory formula as a guide in the original alimony calculation, a modification is not formulaic. When the court considers the change request, it evaluates the totality of financial circumstances and other changes.
Modification may occur if the court deems the existing maintenance agreement is no longer fair because the parties’ circumstances have substantially and continually changed. The filing party must submit the motion to modify maintenance before the expiration of the current maintenance term.
Potential Reasons for Modification
If either party experiences a significant change, either party can request the modification. For example, if the payor spouse has a substantial increase in income, the recipient spouse may request an increase in alimony. Likewise, if the paying party becomes disabled, they could request a decrease or termination of alimony payments.