Divorce

Maintenance (alimony) is financial support paid by, or to, your spouse. It can be awarded during a divorce, legal separation, or annulment (“declaration of invalidity”).¹

If either spouse files for maintenance, the judge will consider all of the following factors:

• 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 of paying or getting maintenance.¹

If the judge decides to award maintenance, they will then determine the amount and length (term) of the maintenance that is fair and reasonable (equitable) to both spouses. The judge will consider the guidelines included in the law and the following factors:

• the financial resources of each spouse, including:
  
  • their actual or possible income from separate and marital property; and
  • their ability to meet their 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;
• whether either spouse had to stop working or work less because of:
  
  • the needs of any minor children of the marriage; or
  • the circumstances of the spouses;
• whether one spouse has historically earned a higher or lower income;
• whether income from overtime or a second job has been steady, and how long it has lasted;
• 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 spouses, including consideration of significant health care needs;
• significant economic or noneconomic contributions to:
  
  • the marriage; or
  • the economic, educational, or career advancement of one of the spouses;
• whether the spouses’ situation at the time of the permanent order makes it appropriate to give a small (nominal) amount of maintenance so that the spouse can ask for maintenance in the future;
• the tax effects of paying or getting maintenance;
• any change that may be needed to the amount of maintenance to help make taxes fairer for both spouses;
• whether one of the spouses has committed any of the following against the other spouse:
  
  • domestic violence;
  • coercive control;
  • economic abuse;
  • litigation abuse;
  • emotional abuse;
  • physical abuse; or
  • unlawful sexual behavior; and
• any other factor that the judge believes is relevant.²

After all of that, the judge can only award maintenance if they decide that the spouse asking for maintenance:

• does not have enough property, including any assets awarded as part of the divorce, to support their reasonable needs and is unable to support themselves; or
• cares for a child whose needs would make it inappropriate for the spouse to try to get a job outside of the home.³ 

¹ Colo. Rev. Stat. § 14-10-114(3)(a)(I)
² Colo. Rev. Stat. § 14-10-114(3)(a)(II), (3)(c); see also Colo. Rev. Stat. §§ 14-10-103(c); 14-10-124(1.3); 16-22-102(9)
³ Colo. Rev. Stat. § 14-10-114(3)(d)