Colorado's Spousal Maintenance Guideline in 2026: What the Formula Really Tells You
By Attorney Charles E. Liken Jr., Colorado court-appointed Child & Family Investigator. The advisory formula is a starting point, not a verdict — here's how Colorado judges actually use it, and where the real fights happen.
Charles E. Liken Jr., Esq. — On the Legal Front Lines · Government Investigator, Denver Human Services · Licensed Colorado Attorney ~ 20+ Years in Private Practice · Colorado Deputy District Attorney · Colorado Court-Appointed Child and Family Investigator
Colorado's spousal-maintenance statute (C.R.S. § 14-10-114) gives judges an advisory guideline for marriages of at least three years: roughly 40% of the higher earner's monthly income minus 50% of the lower earner's, capped so the recipient's total stays at 40% of the couple's combined income. Duration scales with the length of the marriage.
What the number on a calculator won't tell you is that the guideline is exactly that — advisory. A court can award more, less, or nothing at all based on the statutory factors: the standard of living during the marriage, each spouse's earning capacity, contributions as a homemaker, and more. For couples with combined incomes above $240,000 a year, the amount guideline drops away entirely and the court's discretion is total.
The practical takeaway: run the maintenance calculator to set your expectations, then talk to a lawyer about the factors that move your case off the guideline in either direction. That gap — between the formula and the factors — is where maintenance cases are won and lost.
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