Divorce

Alimony, also known as spousal support, is financial support paid by, or to, your spouse and can be awarded during a divorce, legal separation, or annulment (known as a “declaration of invalidity” proceeding).¹

If either spouse files for maintenance, the judge will consider the following factors when deciding whether or not to order maintenance:

• the amount of your income and your spouse’s income;
• the division of the marital property;
• the financial resources of each spouse, including but not limited to the actual or possible income from separate and marital property;
• reasonable financial needs established during the marriage; and
• the tax effects (implications) of paying or getting maintenance.¹

If the judge decides to award maintenance, s/he will determine the amount and length (term) of the maintenance that is fair and reasonable (equitable) to both spouses after considering the guidelines put forth in the law and the following factors:

• financial resources of each spouse, including the actual or possible income from separate and marital property;
• the financial resources of the spouse paying maintenance, including the actual or potential income and his/her ability to meet his/her own needs;
• the lifestyle established during the marriage;
• the distribution of marital property;
• both spouses’ income and employability (including additional training or education if necessary) and any reduction in employment due to:
  
  • the needs of minor children of the marriage; or
  • the circumstances of the parties;
• whether one party has historically earned a higher or lower income and the duration and consistency of income from overtime or secondary employment;
• the length of the marriage;
• the amount of temporary maintenance and the number of months that temporary maintenance was paid;
• the age and health of the parties, including consideration of significant health care needs;
• significant economic or noneconomic contributions to the marriage or to the economic, educational, or occupational advancement of one of the spouses;
• the tax effects (implications) of paying or getting maintenance and any adjustment that may be needed to the amount of maintenance in order to make the tax burden more fair between the parties;
• whether the circumstances of the parties at the time of that the judge is issuing a permanent order calls for the award of a minimal (nominal) amount of maintenance in order to preserve that spouse’s claim of maintenance in the future; and
• any other factor that the judge believes is relevant.²

¹ Colo. Rev. Stat. § 14-10-114(3)(a)(I)
² Colo. Rev. Stat. § 14-10-114(3)(a)(II), (3)(c)