Spousal Maintenance (Alimony) in Colorado

When a couple gets divorced, adjusting to a new financial situation can be tough, especially if there’s a big difference in income between the spouses. In these cases, spousal maintenance – often called alimony – can provide important support to the lower-earning spouse, helping them manage their new financial burdens.

Types of Spousal Maintenance in Colorado

In Colorado, spousal maintenance must be specifically requested; it isn’t automatically granted. There are two main types of spousal maintenance:

  1. Temporary Maintenance: This is support given to the lesser-earning spouse while the divorce is proceeding.

  2. Permanent Maintenance: The term "permanent" can be misleading. This refers to support that continues after the divorce is finalized. Usually, this type of maintenance is set for a specific period, often half the length of the marriage, rather than for life. Though in certain circumstances, primarily marriages lasting longer than 20 years, a lifetime award is possible.

How Is Maintenance Calculated?

Many people have questions about how maintenance is determined and whether it is required. If you're concerned about paying or receiving maintenance, I can help you understand your rights and options.

Judges start with a guideline calculation to determine maintenance. Generally, if you are the lower earner, you might receive 40% of the higher earner's monthly gross income minus 50% of your income. This amount is just a guideline, and the court will consider other factors to decide if a different amount is appropriate. Some factors include:

  • The length of the marriage (longer marriages often lead to larger maintenance awards)

  • The standard of living during the marriage

  • Income differences between both spouses

  • Current and future earning potential of both parties

  • Property and assets owned by both spouses

  • Education levels of both parties

  • Any financial agreements made during or before marriage

  • Unemployment status

  • The mental and physical health of both spouses

Can Spousal Support Be Changed?

After the divorce, the court orders maintenance based on your circumstances at that time. However, life changes can impact these circumstances. To modify spousal maintenance, a significant and ongoing change must make the original order unfair – like a change in income or health.

If you think your situation has changed enough to warrant a modification, it’s best to talk to a family law attorney. Remember, spousal maintenance can only be modified through the court. If the paying spouse is having financial trouble, they should petition the court for a change rather than stopping payments, as the original order stays in effect until modified.

What If the Paying Spouse Doesn't Follow the Court’s Order?

The recipient of maintenance can take legal action to enforce the order. One common method is wage garnishment, where the court orders the paying spouse's employer to withhold part of their paycheck to cover the owed maintenance. The court can also seize bank accounts or place liens on property to ensure compliance.

In some cases, the non-compliant spouse may face contempt of court charges for ignoring a court order. This could lead to fines or even jail time until the payments are made. Colorado courts take these matters seriously and have various ways to ensure support obligations are met.

If you have questions about spousal maintenance or need help navigating this process, I’m here to support you. Let’s start a conversation and find the best way forward together.