How Does Spousal Maintenance Work in Colorado? What You’re Entitled To, and for How Long
You were married for twenty-eight years when your spouse slid the divorce papers across the table and said, don’t worry, everything will be fine. I’ll take care of you. Part of you wants to believe it, but you were the one who got out the nursery decor when the first child was born, who supported your husband when the promotions started coming fast, who never had a second thought about the stock portfolio login because you were on the same team, or so you thought.
When your filing spouse tells you that you’ll be fine, it’s time to ask your own questions and get your own legal advice.
For starters, the laws of Colorado regarding spousal support are written to account for the stay-at-home partner, the wage-earning spouse who has taken a pay cut as a result of the marriage, or who hasn’t been in the workforce at all. It’s called spousal maintenance, and it supports the spouse who has made sacrifices to make the marriage work.
What Is Spousal Maintenance in Colorado?
Otherwise known as alimony, spousal maintenance in Colorado is a periodic payment from one spouse to the other for the purpose of minimizing an economic discrepancy following a divorce. Specifically, it is used to minimize the extent to which a spouse who has sacrificed income to raise a family, or who took a career break during the marriage, is financially disadvantaged long term.
C.R.S. § 14-10-114, the statute that governs maintenance, actually provides a guideline figure for support, in many cases making it one of the more straightforward statutes in family law.
That said, the formula for calculating maintenance is only a guideline, and as such it should be taken as a starting point for negotiations. With child support, by contrast, the formula is presumed to be accurate unless there is an overriding reason why it should not be applied.
When it comes to maintenance, the formula is advisory, subject to adjustment based on the discretion of the court, which means that the narrative on which the figures are based is essential.
The Question of Eligibility
Eligibility for support has to do with the relative financial standing of each of the parties at the time of the divorce. The court assesses whether the supported spouse has a reasonable expectation of maintaining a standard of living comparable to that which they enjoyed during the marriage, and whether the paying spouse is in a position to meet that standard of living without undue hardship.
How Is the Amount of Maintenance Calculated in Colorado?
The formula for estimating temporary maintenance, or for calculating permanent maintenance when the combined gross income of both spouses is equal to or less than $240,000 per year ($20k/month), is as follows, per C.R.S. § 14-10-114:
Take 40 percent of the higher earner’s monthly income, subtract 50 percent of the lower earner’s, and multiply what’s left by 75 percent, or by 80 percent if the two incomes together come to $10,000 a month or less. That result is the guideline figure, capped so the receiving spouse’s own income plus maintenance can’t run past 40 percent of what the couple makes together.
The formula is applied when your ex is earning significantly more than you are, and its purpose is to estimate the amount that they should pay to bring your income up to the level of theirs, at least to a degree that reflects the fact that you shared a common standard of living for many years.
It’s worth noting that the $240k figure is actually the upper limit of a sliding scale, and in many marriages it will be exceeded. The problem is that the cap ($20k/month) for purposes of applying the maintenance formula was not raised. The commotion people may remember was around child support, where the 2026 overhaul raised the income cap to $40,000 a month. You can read what changed for child support in 2026 on our blog.
That increase in the child support cap is not relevant to spousal maintenance. If you are seeking guidance regarding support in a high-income household, the next section is where you should focus your attention.
Duration or Length of Time for Maintenance Payments
The length of time for which maintenance will be paid depends on the duration of the marriage, with longer marriages generally resulting in longer support terms. The idea is to allow the supported spouse to resume their studies or to re-enter the workforce with some degree of financial security. Support for marriages that lasted for 20 years can extend for 10 years, and longer.
If you married later in life, this is where the calculation becomes especially relevant, because it serves as a rough estimate for how long you will have to support yourself after the divorce is final. It’s in your best interest to get this right the first time around, because it’s much harder to argue for an extension down the line.
Spousal Maintenance Factors That Can Increase or Decrease Payments
As mentioned above, Colorado is a no-fault state, and neither party can claim that a change in circumstances was caused by the behavior of the other spouse. This is a relief to some and a disappointment to others, but it is the law. With the exception of physical or emotional abuse, events occurring after the marriage began are not relevant to support considerations.
There is, however, one major change in the law that is relevant to maintenance calculations, particularly for people whose marriages involved a controlling partner.
As of 2025, Senate Bill 25-116, which went into effect on August 6, 2025, added an abuse factor to Colorado’s maintenance statute. Specifically, the court can now consider whether one spouse committed domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, physical abuse, or unlawful sexual behavior against the other when it decides maintenance.
Economic abuse includes a pattern of behavior on the part of the abuser that involves controlling an economically vulnerable spouse through access to funds, dissipation of the vulnerable spouse’s assets, or economic harassment, such as creating debt in the victim’s name without their knowledge.
For people who lived through years of financial manipulation, that history is no longer just background. A judge can weigh it in what you are awarded.
Spousal Maintenance Can Be Modified
Whether spousal maintenance can be modified depends on the terms of your order or separation agreement. If maintenance is modifiable, a court may change it when there has been a substantial and continuing change in circumstances that makes the existing award unfair under C.R.S. § 14-10-122.
For example, a significant job loss, disability, or other major financial change may justify asking the court to reduce or increase maintenance, depending on the circumstances. Not every change in income or expenses is enough, and the court will consider all relevant facts before modifying an existing order.
Colorado law also provides that the federal tax law eliminating the deduction for most alimony payments does not, by itself, qualify as a substantial and continuing change in circumstances. A party cannot obtain a modification based solely on that tax law change.
It is also important to know that many divorce agreements make maintenance non-modifiable. If your agreement says maintenance is non-modifiable, the court generally cannot change the amount or duration later, even if circumstances change.
Frequently Asked Questions About Spousal Maintenance in Colorado
How is spousal maintenance calculated in Colorado?
When the spouses’ combined income is $240,000 a year or less, Colorado uses a formula: 40 percent of the higher earner’s monthly income, minus 50 percent of the lower earner’s, multiplied by 75 percent, or 80 percent if the two of you together make $10,000 a month or less. The result is capped so the receiving spouse’s own income plus maintenance can’t pass 40 percent of your combined income. Above $240,000, there is no formula, and the court decides based on your circumstances.
How long does spousal maintenance last in Colorado?
Duration is tied to how long you were married. It ranges from about 11 months for a 3-year marriage up to 10 years for a 20-year marriage, and marriages longer than 20 years can result in indefinite support.
Can spousal maintenance be changed after the divorce?
Only if your order allows it. When maintenance is modifiable, a court can change it after a substantial and continuing change in circumstances, such as a major job loss or a disability, under C.R.S. § 14-10-122. Many agreements are written as non-modifiable, and those generally cannot be changed later, even if your situation does.
Does abuse affect spousal maintenance in Colorado?
Yes, as of August 6, 2025. Under Senate Bill 25-116, the court can now weigh whether a spouse committed domestic violence, coercive control, economic abuse, or other abuse when it decides maintenance. If financial control was part of your marriage, a judge can factor that history into what you are awarded.
You Don’t Have to Take You’ll Be Fine on Faith
Going back to the initial scenario at the beginning of this article and the papers on the table with the promise that everything will be fine attached to them, the point is that you can rely on the Colorado statutes to ensure a degree of financial stability after the divorce.
This is not a guarantee of lifetime support, but it is a mechanism that recognizes the financial sacrifices you had to make, and which you are entitled to compensation for. To put it another way, what you are owed is actually a matter of public policy, which is something you should know before signing the dotted line.
If you would like to know what you can expect in terms of spousal maintenance in your divorce proceedings in the Denver area, Jones Law Firm, PC has your back. We represent clients from across the metro Denver area and can assist you in determining what you can expect to be owed, or what you can be prepared to pay, depending on your circumstances.
If you have an offer on the table or a figure that you’re being asked to agree to, it’s in your best interest to contact us first.
We choose sides. Yours.