Alimony in Colorado

Colorado applies advisory guidelines under C.R.S. § 14-10-114 to couples with combined adjusted gross income of $240,000 or less per year. The guidelines produce a monthly maintenance figure based on both parties’ adjusted gross incomes. For couples above that threshold, the court exercises full discretion based on the statutory factors. For a detailed breakdown of how the formula works, see Colorado spousal maintenance calculator.

The duration is typically determined by the length of the marriage. Colorado guidelines suggest a term ranging from 31% of the marriage length (for a 3-year marriage) up to 50% (for a 20-year marriage). For marriages lasting longer than 20 years, the court may award support for an indefinite period.

Advisory durations are scaled to the length of the marriage under C.R.S. § 14-10-114(3)(b)(II), beginning at 31% at three years and increasing by 0.165% per month of marriage, up to a cap of 50% at approximately 12.5 years. For marriages of 20 years or longer, the court has discretion to award maintenance for an indefinite period. These durations are advisory — courts may deviate based on the circumstances of each case.

Colorado’s advisory guidelines generally apply to marriages of at least three years. For marriages shorter than three years, maintenance is rarely awarded unless exceptional circumstances prevent a spouse from achieving self-sufficiency — such as a disabling medical condition or the need to care for a young child.

Under C.R.S. § 14-10-114(3), the requesting spouse must demonstrate two things: first, that they lack sufficient property to meet their reasonable needs; and second, that they are either unable to support themselves through appropriate employment or are the primary caregiver of a child whose circumstances make outside employment inappropriate. Both conditions must be met before a court will enter a maintenance award.

A spouse will not qualify for maintenance if they have sufficient property — including any share of marital property awarded in the divorce — to meet their reasonable needs, or if they are capable of self-support through appropriate employment and have no caregiving barrier. A spouse who voluntarily leaves the workforce without necessity, or who holds significant separate assets, is unlikely to meet the threshold for an award.

Yes. Spousal maintenance under C.R.S. § 14-10-114 is gender-neutral. Either spouse may seek or be ordered to pay maintenance based solely on the financial circumstances of each party and the factors listed in the statute. The higher-earning spouse pays; the lower-earning spouse receives — regardless of gender.

For divorces and separation agreements finalized on or after January 1, 2019, spousal maintenance is not taxable income to the recipient and not tax-deductible for the payer under federal law. This is the result of the Tax Cuts and Jobs Act of 2017, which eliminated the prior deductibility rules for agreements executed after December 31, 2018. For divorces finalized before that date, the prior tax treatment — deductible for the payer, taxable to the recipient — may still apply unless the agreement has been modified to adopt the new rules.

Yes. Under C.R.S. § 14-10-122, either party may petition for modification upon demonstrating a substantial and continuing change in circumstances that makes the existing order unfair. Significant income changes for either party — including job loss, promotion, disability, or retirement — are common grounds. Modification is not available if the original order or separation agreement expressly waived that right.