Alimony Laws in Colorado (2026): Your Money, Your Rights

Most people think alimony is automatic when you get divorced. It’s not. In Colorado, spousal maintenance (that’s what they call alimony here) is actually pretty complicated, and the rules can seriously affect your wallet for years to come. Let’s break down exactly what you need to know.

Colorado’s alimony laws changed a lot in recent years. The state now uses specific formulas to figure out how much you might pay or receive. But here’s the thing: these formulas aren’t set in stone. Judges still have room to make their own calls based on your situation.

What Is Spousal Maintenance in Colorado?

Okay, so Colorado uses the term “spousal maintenance” instead of alimony. They mean the same thing. It’s money that one spouse pays to the other during or after a divorce. The whole point? To help the lower-earning spouse maintain a reasonable lifestyle after the marriage ends.

Think of it like this. Maybe one spouse stayed home with the kids while the other built a career. Or one spouse put their education on hold to support the other through grad school. Spousal maintenance helps balance things out when the marriage is over.

Not everyone gets maintenance, though. You have to actually qualify for it. The court has to decide that you really need it, and that your ex can actually afford to pay it.

Basic Requirements for Getting Alimony

Here’s what has to happen before you can even think about getting spousal maintenance. The spouse asking for support must show they can’t meet their reasonable needs on their own. This includes looking at their income, their share of the marital property, and whether they can get a job that pays enough.

The other spouse has to be able to afford the payments. The court won’t order someone to pay maintenance if it would leave them unable to meet their own basic needs. Makes sense, right?

Your marriage also needs to be at least three years long. This is a general rule. For marriages shorter than three years, maintenance is pretty rare. The court might award it if the property split alone isn’t enough to be fair, but don’t count on it.

Honestly, this is the part most people get wrong. They assume a short marriage means automatic support. It doesn’t work that way.

How Colorado Calculates Alimony Amounts

Now, here’s where things get interesting. Colorado has an advisory formula for calculating maintenance. It’s not mandatory, but most judges use it as a starting point.

The formula only applies if your combined income is less than $240,000 per year. If you make more than that, the judge has complete discretion. They’ll look at various factors instead of using the formula.

For couples under that threshold, here’s how it works. Take 40% of the higher earner’s adjusted gross monthly income. Then subtract the lower earner’s adjusted gross monthly income. That gives you the gross maintenance amount.

But wait, there’s more. Since 2019, maintenance isn’t tax-deductible for the payer, and it’s not taxable income for the receiver. Because of this, Colorado applies a reduction to the gross amount.

If your combined monthly income is under $10,000, multiply the gross amount by 80%. If your combined monthly income is between $10,000 and $20,000, multiply by 75%. This gives you the actual monthly maintenance payment.

Let me give you an example. Say one spouse makes $6,000 per month and the other makes $3,000 per month. Their combined income is $9,000.

First, multiply $9,000 by 40%. You get $3,600. Subtract the lower earner’s income of $3,000. That leaves $600. Since their combined income is under $10,000, multiply $600 by 80%. The result is $480 per month in maintenance.

Pretty straightforward, honestly.

How Long Does Alimony Last?

Wondering if this applies to you? The length of your marriage matters a lot here. Colorado has guidelines that tie the duration of maintenance payments to how long you were married.

For marriages lasting three to twenty years, there’s a specific table. A three-year marriage might get 11 months of maintenance. A five-year marriage could get 21 months. A ten-year marriage might result in 54 months (that’s 4.5 years). A fifteen-year marriage could mean 90 months (7.5 years).

The formula is basically this: the longer the marriage, the longer the maintenance period. Generally, maintenance lasts about one-third to one-half the length of the marriage.

For marriages longer than twenty years, things get different. The guidelines suggest a minimum of ten years of maintenance, but there’s no maximum. The court might even award permanent maintenance in some cases.

Hold on, this part is important. “Permanent” maintenance doesn’t actually mean forever. It can still be modified or terminated if circumstances change. We’ll get to that in a minute.

Types of Spousal Maintenance in Colorado

Colorado recognizes several different types of maintenance. Each one serves a different purpose.

Temporary maintenance is paid while the divorce is still in progress. It helps both spouses maintain some stability until everything is finalized. Once the divorce is done, temporary maintenance ends and permanent maintenance might kick in.

Rehabilitative maintenance is super common. This type gives the receiving spouse time to get education or training to become self-supporting. It usually has a clear end date based on how long it’ll take them to get back on their feet.

Permanent maintenance is less common these days. It’s typically reserved for longer marriages or situations where the receiving spouse can’t realistically become self-supporting. This could be due to age, health problems, or disability.

Reimbursement maintenance is kind of unique. It compensates one spouse for supporting the other through school or career advancement. For example, if you worked full-time to put your spouse through medical school, you might get reimbursement maintenance after the divorce.

Separation maintenance can be awarded when you’re legally separated but not yet divorced. It lasts a maximum of three years and stops if you reconcile or finalize the divorce.

What Factors Do Courts Consider?

Sound complicated? It’s actually not. Colorado law lists specific factors judges must consider when deciding on maintenance.

The court looks at each spouse’s financial resources. This includes income from jobs, investments, pensions, and the property you’re getting from the divorce. They also look at your ability to meet your own reasonable needs independently.

How long were you married? Longer marriages typically result in more substantial maintenance awards. The court recognizes that spouses become more financially interdependent over time.

What was your standard of living during the marriage? The court tries to help both spouses maintain something close to the lifestyle they had while married. Obviously, two households cost more than one, so some adjustment is necessary.

Age and health matter too. If you’re 58 years old with health problems, you’re less likely to find good employment than someone who’s 35 and healthy. The court takes this into account.

Did one spouse sacrifice their career for the marriage? Maybe you gave up your job to stay home with kids or moved across the country for your spouse’s career. These contributions count, even though they don’t show up on a paycheck.

What’s your education level and job skills? Someone with a college degree and work experience is in a better position than someone who hasn’t worked in fifteen years. The court considers how long it would take you to get training or education to support yourself.

The court also looks at whether you contributed to your spouse’s education or career. If you supported them financially or emotionally while they built their career, that matters.

Custody arrangements play a role too. If you have primary custody of young children, you might not be able to work full-time. This affects how much maintenance you might need.

Tax implications used to be a big deal, but federal law changed in 2019. We’ll talk about that more in a bit.

When Does Maintenance End?

Okay, pause. Read this carefully. Maintenance doesn’t last forever in most cases, even if it’s called “permanent.”

Several things automatically end maintenance payments. If the person receiving maintenance gets remarried, payments stop immediately. You don’t even need to go back to court. The paying spouse can just stop making payments on the remarriage date.

If the person receiving maintenance enters into a civil union, that also ends maintenance. It works the same as remarriage.

Death of either spouse terminates maintenance. Unless there’s a specific agreement saying otherwise, the obligation dies with the person. However, some couples agree to life insurance to protect the receiving spouse if the paying spouse passes away.

What about cohabitation? This one’s tricky. In Colorado, living with a new romantic partner doesn’t automatically end maintenance. The paying spouse would need to go to court and prove that the receiving spouse’s financial situation improved significantly because of the cohabitation.

Maintenance also ends when the specified time period runs out. If the court ordered five years of payments, they stop after five years. Unless someone files a motion to extend before the term ends, that’s it.

Modifying or Changing Maintenance

Here’s where it gets better. Life changes, and maintenance can change too. Either spouse can ask the court to modify maintenance if there’s been a substantial and continuing change in circumstances.

What counts as a substantial change? Job loss could qualify, but only if it’s ongoing. If you get laid off and find a new job three weeks later, that’s not substantial and continuing. But if you lose your job and can’t find work for months, that might count.

Major health problems can justify modification. If the paying spouse develops a serious illness that prevents them from working, they can ask to reduce or end payments. Same if the receiving spouse’s health improves dramatically.

Significant income changes matter too. If the receiving spouse gets a great new job or big promotion, the paying spouse might ask to reduce payments. Or if the paying spouse’s income drops substantially, they might seek a reduction.

Retirement can be grounds for modification. There’s actually a presumption in Colorado that retirement is in good faith once you reach normal retirement age. But you can’t just retire at 50 and expect to stop paying maintenance.

To modify maintenance, you file a motion with the court. You’ll need solid evidence showing how circumstances have changed. Tax returns, pay stubs, medical records, that kind of thing. The burden of proof is on the person asking for the change.

Not sure what counts as a violation? The court will decide based on all the facts. They want to see that the change is real, significant, and likely to continue.

Tax Implications You Need to Know

This one’s probably the most important rule. Federal tax law changed dramatically in 2019, and it affects how maintenance works in Colorado.

For divorces finalized on or after January 1, 2019, maintenance is NOT tax-deductible for the paying spouse. It’s also NOT taxable income for the receiving spouse. This is a huge change from how it used to work.

Before 2019, the paying spouse could deduct maintenance on their tax return. The receiving spouse had to report it as taxable income. That’s no longer true for new divorces.

If your divorce was finalized before 2019, you’re grandfathered into the old rules. The paying spouse can still deduct, and the receiving spouse still pays taxes on it. Unless you modify your divorce decree, those old rules stay in place.

Why does this matter? Because of this tax change, Colorado adjusted its maintenance formula. That’s why they multiply the gross amount by 80% or 75%. It accounts for the fact that maintenance isn’t tax-deductible anymore.

For high-income couples, this can mean a big difference in how much maintenance actually costs. The paying spouse doesn’t get the tax break they used to get. On the flip side, the receiving spouse gets to keep all the money without paying taxes.

Confused about the difference? Let me break it down. Under the old rules, if you paid $1,000 in maintenance, you might get a $300 tax deduction (depending on your tax bracket). So it only really cost you $700. Now, that $1,000 costs you the full $1,000.

For the receiving spouse, under the old rules, that $1,000 might be taxed at 20%, leaving them with $800. Now, they get to keep the full $1,000.

High-Income Couples and Discretionary Maintenance

Remember that $240,000 combined income threshold? If you and your spouse make more than that together, the formula doesn’t apply. The judge has complete discretion.

This doesn’t mean high earners don’t pay maintenance. It just means there’s no formula to guide the decision. The court looks at all the factors we discussed earlier and makes a judgment call.

High-income cases can be way more complicated. Judges might consider things like the paying spouse’s ability to maintain their own lifestyle while paying maintenance. They’ll look at whether the receiving spouse can reasonably become self-supporting at a similar income level.

These cases often involve more negotiation. Both sides might bring in financial experts or vocational evaluators. The goal is to give the judge enough information to make a fair decision.

Honestly, if you’re in this situation, you really need a good lawyer. The stakes are too high to wing it.

Special Circumstances and Exceptions

A few situations don’t fit the standard maintenance rules. Let’s talk about some of them.

Military divorces follow the same Colorado laws, but they’re often more complex. Some military allowances count as income for maintenance calculations, while others don’t. If you’re military or married to someone in the military, you need to understand which allowances count.

Non-modifiable maintenance is rare but possible. Sometimes couples agree that maintenance can never be changed, no matter what happens. This is contractual and binding. Unless it specifically says otherwise, even non-modifiable maintenance usually ends on remarriage.

Lump sum maintenance is another option. Instead of monthly payments, one spouse pays the entire amount at once. This might be done through a property transfer or a one-time cash payment. Once it’s paid, it’s done. No modifications, no ongoing payments.

Some couples negotiate their own maintenance terms. As long as both sides agree and the court approves it, you can structure maintenance however you want. You might agree to higher payments for a shorter time, or lower payments for longer. Get creative, but get it in writing.

How to Request Spousal Maintenance

So what happens if you break this law? Actually, maintenance isn’t a law you break. It’s something you request as part of your divorce.

To get maintenance, you need to file a motion with the court. This typically happens during the divorce proceedings. You’ll need to provide detailed financial information about both spouses.

The court will hold a hearing where both sides can present evidence. You might testify about your income, expenses, work history, and why you need support. Your spouse can present their side too.

Bring documentation. Pay stubs, tax returns, bank statements, bills, proof of expenses. The more evidence you have, the better. The court can’t just take your word for it.

If you and your spouse agree on maintenance terms, you can submit a written agreement to the court. The judge will review it to make sure it’s fair. If approved, it becomes part of your divorce decree.

Don’t worry, we’ll break down step by step. First, gather all your financial documents. Second, calculate what you think would be fair using the guidelines. Third, decide whether you want to negotiate or go to court. Fourth, file the necessary paperwork. Fifth, attend the hearing and present your case.

Yep, that’s all you need. It’s not as scary as it sounds.

Common Myths About Colorado Alimony

Many people assume alimony is guaranteed in every divorce. They find out the hard way. It’s actually only awarded when there’s a real financial need and ability to pay.

Some think maintenance always lasts forever. Totally not true. Most maintenance in Colorado is temporary. Even “permanent” maintenance can be modified or ended.

There’s a myth that only women receive maintenance. Either spouse can receive it. Gender doesn’t matter. What matters is income disparity and financial need.

People also think maintenance is a fixed percentage of income. The formula exists as a guideline, but judges can deviate from it based on circumstances.

Another common belief is that maintenance is set in stone once ordered. As we discussed, it can be modified if circumstances change substantially.

What Happens During Divorce Proceedings

Now, here’s where things get serious. Let’s walk through how maintenance actually gets decided during a divorce.

Maintenance is usually addressed after the court has figured out property division and child support. Why? Because how assets are split affects whether someone needs maintenance. If you get half the house and retirement accounts, you might not need as much monthly support.

Temporary maintenance might be ordered early in the divorce process. This helps both spouses maintain stability while the case drags on. Divorce can take months or even years. You still need to pay bills during that time.

Once the divorce is final, the court issues a permanent maintenance order. This is the long-term arrangement that will last for the specified duration.

The order will specify the amount, frequency, and duration of payments. It’ll also say when payments start and end. Everything should be crystal clear so there’s no confusion later.

If you reach a settlement agreement with your spouse, maintenance will be part of that. You can negotiate the terms yourselves and submit them to the court for approval. This is often faster and less stressful than having a judge decide.

Enforcement of Maintenance Orders

Trust me, this works. If your ex stops paying maintenance, you have legal options.

You can file a motion for contempt of court. If the judge finds your ex in contempt, they could face penalties including fines or even jail time. Courts take violation of orders seriously.

Wage garnishment is another option. The court can order your ex’s employer to automatically deduct maintenance from their paycheck and send it to you. This ensures regular payment without relying on your ex to write a check.

You might also be able to put a lien on your ex’s property. If they own real estate or other assets, the court can secure your maintenance payments against those assets.

What you cannot do is simply stop paying because you’re mad or think it’s unfair. If circumstances have changed, file a motion to modify. Don’t just quit paying. That will land you in legal trouble.

Working with an Attorney

Here’s my honest take. Spousal maintenance cases can get complicated fast. You’re not alone, this confuses a lot of people.

A good family law attorney can help you understand what you’re entitled to or what you might owe. They can run the calculations, present evidence to the court, and negotiate on your behalf.

If your case is straightforward and you and your spouse agree on everything, you might be able to handle it yourselves. But if there’s any disagreement or your finances are complex, get professional help.

Look for an attorney who specializes in family law and has experience with maintenance cases in Colorado. They’ll know the local judges and how courts in your area tend to rule.

Many attorneys offer free consultations. Take advantage of this. Meet with a few lawyers, ask questions, and find someone you’re comfortable working with.

Right? Legal fees can add up, but so can mistakes. Getting it wrong could cost you way more in the long run than hiring a lawyer upfront.

Frequently Asked Questions

How long do you have to be married to get alimony in Colorado? Generally, you need to be married for at least three years to qualify for spousal maintenance under Colorado’s guidelines. Shorter marriages rarely result in maintenance unless there are exceptional circumstances.

Can alimony be avoided in Colorado? Maintenance can’t really be “avoided,” but it’s not automatic either. If both spouses have similar incomes and can support themselves, the court probably won’t order maintenance. A prenuptial agreement can also address maintenance in advance.

Does adultery affect alimony in Colorado? No. Colorado is a no-fault divorce state. Marital misconduct like adultery doesn’t affect whether you get maintenance or how much you receive. The focus is on financial need and ability to pay, not who did what during the marriage.

Can I get more alimony if my ex gets a raise? Maybe. If your ex’s income increases substantially, you might be able to request a modification. You’d need to show that the increase is significant and continuing, and that your original circumstances have changed enough to make the current order unfair.

What if my ex-spouse remarries? If the person receiving maintenance remarries, payments automatically stop. You don’t need a court order. The paying spouse can simply stop making payments on the date of remarriage. If you’re the one paying and your ex remarries but doesn’t tell you, you can request reimbursement for payments made after the remarriage date.

Final Thoughts

Now you know the basics. Colorado’s spousal maintenance laws are designed to be fair to both spouses. The formulas provide consistency, but judges still have flexibility to adjust based on individual circumstances.

Whether you’re going through a divorce or just want to understand your options, knowledge is power. Maintenance can have a huge impact on your financial future. Take it seriously, gather good information, and make informed decisions.

If you’re facing a maintenance issue, don’t put it off. Talk to a lawyer, understand your rights, and protect your financial interests. And when in doubt, get professional advice. Your future self will thank you.

Stay informed, stay prepared, and remember that you have options.

References

1. Colorado Revised Statutes Title 14, Article 10, Part 1, Section 114 (C.R.S. § 14-10-114) – https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-14.pdf
2. Colorado Judicial Branch – Spousal Maintenance Information – https://www.coloradojudicial.gov/self-help/change-court-orders/change-or-end-spousal-support
3. Colorado Revised Statutes Section 14-10-122 (Modification and Termination) – https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-14.pdf
4. House Bill 18-1385 (Tax Law Changes) – https://leg.colorado.gov/bills/hb18-1385
5. Colorado Courts Family Law Software – Maintenance Calculator – https://www.coloradojudicial.gov/self-help/calculate-support-payments