Colorado Spousal Maintenance Guidelines

Colorado uses the term “maintenance” rather than “alimony” or “spousal support.” Unlike states that leave the amount and duration entirely to judicial discretion, Colorado provides advisory guidelines that give courts — and divorcing couples — a starting point for calculating both the amount and duration of maintenance. The governing statute is CRS 14-10-114, and understanding how it works is essential for anyone going through a divorce in Colorado.

This article explains when maintenance is awarded, the advisory guidelines formula, duration calculations, when courts deviate from the guidelines, the difference between temporary and permanent maintenance, modification rules, and tax treatment.

When Maintenance Is Awarded

Before calculating an amount, the court must determine whether maintenance is appropriate. Under CRS 14-10-114(3), the court considers factors including:

• The financial resources of the requesting spouse, including marital property apportioned in the divorce
• The time necessary for the requesting spouse to acquire education or training for appropriate employment
• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and emotional condition of the requesting spouse
• The ability of the paying spouse to meet their own needs while paying maintenance

The court does not need to find that the requesting spouse is unable to work. The question is whether a maintenance award is appropriate to address a significant income disparity or help the lower-earning spouse transition to self-sufficiency.

The Advisory Guidelines Formula

When the parties’ combined annual adjusted gross income is $240,000 or less, the court applies the advisory guidelines under CRS 14-10-114(3)(b)(I):

Maintenance Amount = 40% of the parties’ combined monthly adjusted gross income minus the lower earner’s monthly adjusted gross income

The result is subject to a cap: the maintenance amount, when added to the lower earner’s income, cannot exceed 40% of the combined monthly adjusted gross income. In practice, the formula itself produces an amount equal to that cap, so the two work together.

Example Calculation

Assume the higher earner has a monthly adjusted gross income of $10,000 and the lower earner has $3,000. Combined monthly income is $13,000.

• 40% of $13,000 = $5,200
• Minus the lower earner’s income of $3,000
• Guideline amount = $5,200 - $3,000 = $2,200 per month

With maintenance, the lower earner’s total income becomes $3,000 + $2,200 = $5,200 — exactly 40% of the combined income.

Adjusted gross income includes wages, salary, commissions, bonuses, self-employment income, rental income, interest, dividends, pension and retirement income, Social Security benefits, and trust income. The court may impute income to a party who is voluntarily unemployed or underemployed.

Duration Guidelines

The duration of advisory guideline maintenance depends on the length of the marriage. Under CRS 14-10-114(3)(b)(II), duration is a percentage of the marriage’s length in months:

Example: For a 12-year marriage (144 months), the duration percentage is 45%. Duration = 144 x 0.45 = 64.8 months (approximately 5 years and 5 months).

For marriages of 20 years or longer, the court may award maintenance for a term equal to the length of the marriage or indefinitely.

When Courts Deviate from the Guidelines

The advisory guidelines are not mandatory. Under CRS 14-10-114(3)(c), the court may deviate based on:

• The property division — a large share of marital assets to the lower-earning spouse may reduce maintenance
• The lifestyle during the marriage — courts aim for both parties to maintain a reasonably comparable standard of living
• Career sacrifices — a spouse who left the workforce to raise children faces a different situation than one who worked throughout the marriage
• Age and health — a spouse with serious health limitations may need more or longer maintenance
• Economic or non-economic contributions — homemaking, child-rearing, and supporting the other spouse’s career

In high-income cases above $240,000, the guidelines do not apply at all. The court exercises full discretion, and outcomes vary widely depending on the facts.

Temporary vs. Term vs. Indefinite Maintenance

Temporary Maintenance

Temporary maintenance is awarded during divorce proceedings to maintain the financial status quo. It uses the same advisory formula but terminates when the final decree is entered.

Term Maintenance

Term maintenance is the most common post-decree type. It is awarded for a specific period — typically calculated using the duration guidelines — and terminates automatically at the end of that period. The goal is to give the receiving spouse time to become self-supporting.

Indefinite Maintenance

Indefinite maintenance has no set end date. It is most commonly awarded after marriages of 20 years or more when the receiving spouse is unlikely to achieve self-sufficiency due to age, health, or years out of the workforce. It continues until modified, terminated, or a triggering event occurs.

For a national comparison, see our article on temporary vs. permanent alimony.

Modification of Maintenance

Either party may seek modification by demonstrating a substantial and continuing change in circumstances under CRS 14-10-122. Common grounds include:

• Involuntary job loss or significant decrease in the payor’s income
• Substantial increase in the payee’s income or earning capacity
• Retirement at a reasonable age and under reasonable circumstances
• Disability or serious illness affecting either party

Remarriage of the receiving spouse automatically terminates maintenance. Cohabitation does not trigger automatic termination, but the paying spouse may file a motion arguing that the cohabitation has reduced the receiving spouse’s financial need. The court evaluates the financial impact on a case-by-case basis.

Tax Treatment

Under the Tax Cuts and Jobs Act of 2017, for divorces finalized after December 31, 2018:

• Maintenance is not tax-deductible for the paying spouse
• Maintenance is not taxable income for the receiving spouse

Colorado state tax follows the federal treatment. This change increases the after-tax cost of maintenance for the payor and should be factored into settlement negotiations. The combined tax benefit that once existed — when maintenance was deductible by the payor and taxable to the payee at a lower bracket — no longer exists.

For a broader overview, see our national guide on how alimony works.

What to Do Next

If spousal maintenance is an issue in your Colorado divorce, take these steps:

1. Calculate the guideline amount and duration. Run the advisory formula using both parties’ monthly adjusted gross incomes and the length of the marriage. This gives you a baseline for negotiations.
2. Identify potential deviation factors. Consider whether circumstances — property division, health, career sacrifices, income above $240,000 — justify a departure from the guidelines.
3. Understand the tax impact. Maintenance is not deductible for the payor or taxable to the payee. Compare the after-tax value of maintenance against a larger property division share.
4. Consider the type of maintenance. Understand whether you are likely to receive or pay term or indefinite maintenance, and the circumstances under which modification is possible.
5. Consult a Colorado family law attorney. The interaction between maintenance, property division, child support, and taxes makes these cases complex. Schedule a consultation with an attorney who handles maintenance cases in Colorado.

Frequently Asked Questions

How does Colorado calculate spousal maintenance?

Colorado uses advisory guidelines when combined annual adjusted gross income is $240,000 or less. The formula is 40% of the parties’ combined monthly adjusted gross income minus the lower earner’s monthly adjusted gross income. The result brings the recipient’s total income up to 40% of the combined income. For higher-income cases, the court has full discretion.

How long does maintenance last in Colorado?

Duration depends on the length of the marriage. Colorado uses a sliding scale — from 31% of the marriage length for marriages under 3 years to 50% for marriages of 15 to 20 years. For marriages over 20 years, the court may award indefinite maintenance. The guidelines are advisory, and courts can deviate.

Can maintenance be modified in Colorado?

Yes. Either party can petition for modification by demonstrating a substantial and continuing change in circumstances. Common grounds include involuntary job loss, significant income changes, retirement, disability, or the receiving spouse’s cohabitation. Remarriage of the receiving spouse automatically terminates maintenance.

Does Colorado use “alimony” or “maintenance”?

Colorado uses the term “maintenance.” While people commonly refer to it as alimony or spousal support, the official statutory term is maintenance. The concept is the same regardless of terminology.

What happens to maintenance if the receiving spouse moves in with a new partner?

Cohabitation does not automatically terminate maintenance in Colorado. The paying spouse can file a motion to modify, arguing that the cohabitation has reduced the receiving spouse’s financial need. The court evaluates the financial impact on a case-by-case basis.