Alimony in Colorado
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The Basics of Spousal Maintenance in Colorado
Alimony refers to a requirement that one spouse make a monthly payment to another spouse for financial support. In Colorado courts, alimony is referred to as spousal maintenance or spousal support. The three terms are used interchangeably in Colorado to all refer to the same concept colloquially called alimony in most of the U.S.
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In simplest terms, a Colorado court can award alimony if one party has a need for it and the other party has the ability to pay.
The purpose of maintenance is to allow both spouses to maintain the lifestyle enjoyed during the marriage.
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Colorado law allows for awards of maintenance that are fair and equitable to both parties without regard to marital misconduct.
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There is no presumption that maintenance be awarded. Maintenance is subject to very different calculations than the child support formula.
Factors for Determining Alimony in Colorado
Before alimony is calculated, a spouse must show the Judge they meet the requirements to receive it. The court is required to assess the amount of each party's gross income, the marital property apportioned to each party, the financial resources of each party, including but not limited to the actual or potential income from separate or marital property, and the reasonable financial need as established during the marriage.
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When determining the amount of a maintenance award, the Court considers all relevant factors, including:
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The financial resources of the party seeking maintenance;
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The ability of the payor spouse to meet his or her own needs while paying maintenance;
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The lifestyle enjoyed during the marriage;
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The marital property distribution (note that in the process of divorce maintenance is determined after property division is determined),
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Both parties’ income and employability;
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Whether one party has historically earned higher or lower income than the income reflected at the time of permanent orders;
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The length of the marriage;
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The amount and duration of temporary maintenance paid;
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The age and health of the parties;
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Significant economic or noneconomic contributions to the marriage; and
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Whether the circumstances at the time of permanent orders warrant an award of nominal maintenance to preserve a future maintenance claim.
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Calculation of Alimony in Colorado
A mathematical guideline calculation for amount and term exists for determining maintenance in Colorado, as well as factors. In practice, most maintenance awards are determined based on the mathematical guideline.
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The amount of alimony is calculated by taking 40 percent of the higher income earner's month gross income and subtracting 50 percent of the lower earning spouse's gross income. This provides the calculation of the guideline's recommended monthly maintenance payment.
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The term of maintenance (length the monthly payment lasts) is determined by a percentage of the months of marriage described on this chart.
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The guidelines do not create a calculation if the marriage is less than three years. Alimony may be appropriate in shorter marriages, but the guideline is not technically applicable.
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Also, if the combined gross incomes of the parties is greater than $20,000 a month, the guideline does not apply, however the Judge may still use it as a reference.
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The Judge also must analyze factors, so it is important to assess these factors to justify why or why not the calculated guideline amount is appropriate. The Court considers all relevant factors, including these specifically mentioned in the spousal maintenance statute:
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The financial resources of the party seeking maintenance;
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The ability of the payor spouse to meet his or her own needs while paying maintenance;
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The lifestyle enjoyed during the marriage;
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The marital property distribution (note that in the process of divorce maintenance is determined after property division is determined),
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Both parties’ income and employability;
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Whether one party has historically earned higher or lower income than the income reflected at the time of permanent orders;
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The length of the marriage;
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The amount and duration of temporary maintenance paid;
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The age and health of the parties;
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Significant economic or noneconomic contributions to the marriage; and
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Whether the circumstances at the time of permanent orders warrant an award of nominal maintenance to preserve a future maintenance claim.
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Categories of Alimony in Colorado
In Colorado divorce, there are a couple of types of alimony that may be entered by a court. The amount of each generally take into account the same factors mentioned below, but the factors may be affected by the stage of the case when maintenance is determined.
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Temporary Maintenance: This is a maintenance amount intended to only last during the pendency of the case. This request is often made by the lower earning spouse early in the case so that they have the ability to meet their financial needs until longer term maintenance or property division is decided in the case.
Maintenance for a Term of Months: This maintenance determined in a final Separation Agreement or a final Permanent Orders hearing where the parties or the Judge decide on the amount and number of months a maintenance payment with last. If decided by the parties, it often is accompanied with agreement not to modify the amount or term of maintenance. This adds finality to the agreement so the parties know the court proceedings regarding maintenance are concluded. If the Judge decides maintenance at a Permanent Orders Hearing it remains modifiable.
Indefinite or Permanent Maintenance: This type of maintenance usually comes out of a case requiring a final Permanent Orders Hearing or a marriage longer than 20 years. After 20 years of marriage, there is no definite term length for maintenance in the guidelines.
How does alimony work when there is child support?
Alimony and child support are two separate monthly support payment amounts calculated by the court. The court creates a support order defining the amount of alimony and the amount of child support.
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Alimony is not affected by the amount of child support, but child support is reduced when alimony is paid. For the child support calculation, 25% is added to the actual amount of alimony in calculating the income of the recipient spouse.
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In this way, alimony is factored into the child support calculation. So if the term of alimony ends, there is usually an increase in the child support amount itself, though the collective total amount of support paid goes down.
Pre-nuptial Agreements often limit alimony
If you entered into a prenuptial or postnuptial agreement, you should review the terms to see if an award of maintenance is affected by the terms in the agreement.
A common purpose of pre-nuptial agreements, called marital agreements under Colorado law, is to waive a spouse’s claim for maintenance. However, there are exceptions regarding maintenance waivers, even those made in written and valid prenuptial agreements.
See our Marital Agreements page.
Alimony is no longer tax deductible
The 2018 Tax Cuts and Jobs Act eliminated both the taxability and deductibility of alimony payments in Colorado for divorces finalized after January 1, 2019.
Payments for divorces finalized after that time are no longer tax deductible pay the spouse paying maintenance and payments received are not taxable income to the recipient.
Agreements for payments in divorces finalized prior to January 1, 2019 are usually tax deductible by the payor and taxable income for the recipient, unless the parties modified the agreement after January 1, 2019. You should consult a tax expert to understand how tax laws affect your situation.
