Alimony Modification in Colorado

Alimony or Maintenance as it is called in Colorado, is among Colorado’s more fluid areas of divorce settlements because on occasion it may be modified. As distinguished from other aspects of a divorce agreement, such as property division, alimony terms are sometimes modified when there is a substantial and continuing variation in either party’s life circumstances. For instance, if the paying party experiences a loss of income or the receiving party has a considerable increase in their earnings, this may be sufficient ground to modify those terms.

The first question that always seems to come up, especially if either party’s circumstances change substantially after a divorce, is whether or not the original alimony terms can be modified. At Hogan Omidi, we often lead our clients through the complexities of alimony modification in Denver by counseling them through their options and protecting their interests. Alimony modification involves analyzing financial status changes, employment, health, and much more, which correspond with Colorado’s legal structure governing these changes.

Can alimony be modified in Colorado?

An alimony order may or may not be modifiable in Colorado. It depends first on whether an original alimony order precluded or limited modification. If modification is not prohibited by the order it will depend on whether the circumstances of either or both parties have changed substantially enough to warrant a modification.

To determine if a maintenance order is modifiable, an ex-spouse must review the language of the original. If the court entered an order for periodic maintenance payments on their behalf, the order is likely to be modifiable.

The court cannot order non-modifiable periodic spousal maintenance payments in a divorce. However, the court can sign a non-modifiable alimony agreement into a court order when one is presented by the parties.

Therefore, if the former spouses came to a mutually acceptable alimony agreement, the final order may or may not be modifiable. It depends on their agreement terms at the time of the order.

Non-modifiable spousal maintenance

Non-modifiable spousal maintenance is an exception to the main rule, and is a fixed agreement that cannot be altered once established:

• Is contractual and binding.
• It may not be increased or reduced by petition of either party regardless of the circumstances.
• Typically ends upon the recipient spouse’s remarriage unless there is specific language to the contrary.
• It terminates upon the death of either the payor or the recipient spouse.

When Can Alimony Be Modified in Colorado?

Modification, under Section 14-10-122 of the Colorado Revised Statutes, may be granted only in light of substantial and continuing changes in circumstances that now render the terms unfair. In any modification case, the considerable nature of such changes must indicate not only that prior terms established by the court no longer fully reflect current needs and realities between the parties, but also that the changes are so significant that it would be unfair to keep the present terms in place.

What Qualifies as Substantial Changes?

To seek modification, the party requesting modification needs to clearly show compelling evidence of substantial changes in circumstances, including:

• Income Changes: A paying spouse may become unemployed or suffer other unforeseen financial setbacks that render the existing order impossible to pay. However, a brief period of unemployment, perhaps covered by unemployment or severance pay, followed by a new job will generally not meet the required standard. On the other hand, a recipient spouse may obtain a lucrative job, thereby becoming less dependent on maintenance.
• Retirement: If the paying spouse reaches retirement age, the court will often revisit whether their changed life circumstances justify an adjustment.
• Health Issues: A diagnosis of a serious illness or permanent disability may be grounds for modification, especially if such conditions affect one’s ability to earn or create financial stability.
• Lifestyle Adjustments: Major lifestyle changes, such as remarriage, cohabitation, or receiving a financial windfall (e.g., inheritance), may prompt the court to reassess the terms of the original order. The remarriage of the recipient is generally sufficient to warrant termination of the maintenance obligation absent specific agreed terms to the contrary

A modification request must be supported by solid evidence, such as tax returns, pay stubs, or medical records, to substantiate the claim of significant change.

How to request a modification of alimony in Colorado

The Colorado courts will only consider modification requests for spousal maintenance upon strict legal conditions. Section 14-10-114 of the Colorado Revised Statutes provides guidelines to be followed in modifying spousal maintenance so that any modifications are fair and equitable based on relevant factors.

Legal Guidelines for Modifications

• Ability to Pay: Does the paying spouse have the financial capacity to meet their needs while fulfilling alimony obligations?
• Need for Support: Does the recipient spouse still require financial assistance? Courts evaluate whether they’ve made reasonable efforts to become self-sufficient since the divorce.
• Marriage Duration: Longer marriages typically result in more enduring maintenance agreements, which can influence modification considerations.
• Standard of Living: Courts assess whether the requested changes would preserve a reasonable standard of living established during the marriage.
• Tax Implications: Since the 2017 Tax Cuts and Jobs Act, alimony for agreements made after January 2019 is no longer tax-deductible for the payor or taxable for the recipient. These changes may affect considerations of the pros and cons of seeking to modify an order that is still governed by the prior tax law.
• Remarriage or Cohabitation: If the recipient remarries, spousal support typically ends unless otherwise specified in the original order. Cohabitation does not have the same automatic effect but may justify modification if there is a significant effect on the recipient’s financial needs. Remarriage or cohabitation by the person making the payment has no effect on that obligation.

Colorado law favors a system of fairness wherein one party will not be unfairly enriched at the other’s expense. Spousal maintenance gives the recipient enough support without depleting the financial stability of the paying spouse.

Since courts review modification requests, they weigh the circumstances to determine if adjustments are justified and, if so, to what extent. Following these norms helps the state ensure that spousal support is equitable to both parties for a period of time.

Contact an experienced Denver Alimony Attorney Today

Be clear on your legal options before approaching your ex-spouse with an alimony matter. Call an experienced Denver spousal maintenance attorney at Hogan Omidi, PC, today.

Hogan Omidi, PC, can guide you through your alimony modification case while protecting your assets. Our attorneys will help you make decisions to serve you now and in the future.

Do not wait to schedule a confidential consultation with Hogan Omidi, PC. Our attorneys serve clients throughout the Denver metro and statewide.

At Hogan Omidi, PC, we “wrote the book” on Colorado family law.