What You Need to Know About Colorado Alimony Laws

When going through a divorce in Colorado, one critical area to understand is the legal framework surrounding spousal maintenance (commonly known as alimony in other states). Colorado has specific laws governing maintenance, and knowing how these laws work could make all the difference if you navigate this process as a Denver resident. In this guide at Hogan Omidi, we want to explain the essentials of Colorado maintenance laws, who qualifies, how the length of the marriage factors into awards, and how working with an attorney can ease the process.

What Is Alimony in Colorado?

Spousal maintenance, as defined by Colorado statutes, consists of payments from the higher-income spouse to the lower-income spouse either during or after a divorce. This financial support is intended to help the lower-earning spouse maintain and cover the gap between their reasonable needs and their ability to meet those needs from their own income. The purpose of spousal maintenance is to reduce financial disparities between spouses and provide the recipient with the necessary resources to become financially independent. Courts determine spousal maintenance based on factors such as the length of the marriage, the financial situation of both parties, and their present and future earning capacities. Maintenance can be temporary or long-term, depending on the circumstances of each case.

Overview of Colorado Alimony Laws

Overview of Colorado Alimony Laws According to Colorado Revised Statutes Title 14-10-114, judges must assess the following factors together when awarding or denying spousal maintenance:
Duration of the marriage.

• Financial resources and earning capabilities of each spouse.
• Standard of living established during the marriage.
• Age and overall health of both parties.
• Custody arrangements if minor children are involved.
• Contributions to the marriage, including homemaking and career support.
• All relevant income, including pensions, investments, or inherited assets.

The court uses a guideline formula to calculate maintenance for couples with a combined gross annual income of up to $240,000. For higher-income cases, judges still must consider the same statutory criteria to determine both the eligibility to receive maintenance and an appropriate maintenance amount.

Who Qualifies for Alimony in Colorado?

Under Colorado law, not everyone qualifies for maintenance. It is not automatically granted in every divorce. The requesting spouse must demonstrate financial need, showing that they cannot maintain a reasonable standard of living without support. At the same time, the court evaluates whether the paying spouse has the financial ability to provide support without experiencing undue hardship. Both factors are equally important in determining alimony eligibility. Courts also consider all sources of income, including salaries, pensions if they are being paid out, and the income available from income producing investments.

Does Colorado Have a Minimum Marriage Duration for Maintenance?

A common question people ask is whether there is a minimum marriage duration required to qualify for spousal maintenance. The Colorado Maintenance Statute suggests that in most cases maintenance will not be appropriate in marriages shorter than 36 months. However, even in shorter marriages, maintenance may be awarded if significant factors exist that persuade the court it is appropriate in a particular case.

How Long Do Maintenance Payments Last in Colorado?

There is an advisory guideline that suggests the possible maintenance duration based on the duration of the marriage. It starts with no maintenance for marriages shorter than 36 months and steps up incrementally until the suggested duration is for a payment duration of 50% of the duration of the marriage in cases where the parties have been married for 150 months (about 12.5 years) or more. There is also an indication that additional requirements apply to computing the duration of maintenance for marriages of 20 years or longer.
The guidelines for the duration of maintenance must be considered in each case. However the Courts retain the discretion to adjust the duration of any maintenance award based upon various statutory factors and the unique circumstances of each case.

Contact a Denver Spousal Attorney Today

Colorado alimony laws can be complex and overwhelming, particularly during emotionally challenging times. That’s where Hogan Omidi steps in. With years of experience, our dedicated team provides personalized guidance tailored to your unique situation, helping you navigate the legal process with clarity and confidence. We ensure you fully understand your rights and options while offering trusted advice to protect your financial future. Call 303-391-9600 today to schedule a consultation and get the support you deserve.