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Divorce Guide No. 3 · During & After Divorce

Spousal Maintenance (Alimony) in Colorado

By Attorney Charles E. Liken Jr., Colorado court-appointed Child and Family Investigator. How much, how long, and what changes it — Colorado's advisory maintenance formula demystified, for the paying side and the receiving side alike.

Charles E. Liken Jr., Esq. — On the Legal Front Lines · Former Government Investigator, Denver Human Services · Licensed Colorado Attorney · 20+ Years in Private Practice · Former Colorado Deputy District Attorney · Colorado Court-Appointed Child and Family Investigator

Five facts that frame every maintenance fight

Colorado calls it maintenance, everyone else calls it alimony — and §14-10-114, C.R.S. gives judges an advisory formula plus wide discretion. Here's the landscape.

1

There's a formula — but it's advisory

For most cases the guideline is roughly 40% of the parties' combined monthly adjusted gross income, minus the lower earner's own income (never more than 40% of combined). If the payments are not tax-deductible for the payor and not taxable to the recipient, that figure is then reduced to 80% when combined income is $10,000 a month or less, or to 75% when it is more than $10,000 and up to $20,000 a month (C.R.S. § 14-10-114(3)(b)(I)). Judges start there, then adjust for the statutory factors.

Where The Longmont Law Firm comes in: We fight about the inputs — real income, real earning capacity — because that's what actually moves the guideline number.

2

Duration follows the marriage

For marriages of roughly 3 to 20 years, the guideline term runs from about a third of the marriage's length up to half as marriages get longer; 20+ year marriages can support long-term or indefinite awards.

Where The Longmont Law Firm comes in: We anchor duration arguments in the statute's own table — and in a realistic plan for the recipient to become self-supporting.

3

It's need + ability, not a prize

Maintenance requires one spouse who lacks sufficient means and another with the ability to pay. Marital misconduct is irrelevant — Colorado is a no-fault state, and judges do not award maintenance to punish anyone.

Where The Longmont Law Firm comes in: Whichever side you're on, we keep the case where it belongs: on the financial reality, not the grievances.

4

The tax rules flipped

For decrees entered after 2018, maintenance is not deductible by the payor and not taxable to the recipient — the opposite of the old rules. The guideline accounts for this, but settlement math must too.

Where The Longmont Law Firm comes in: We structure settlements with the after-tax picture in front of you, often trading maintenance against property where that nets both sides more.

5

Ending it and changing it

Unless you agreed otherwise in writing or the decree says otherwise, maintenance ends on either party's death, the end of the maintenance term (unless a motion to modify is filed before the term ends), the recipient's remarriage or civil union, or a court order ending it (C.R.S. § 14-10-122(2)(a)). Otherwise it's modifiable on a substantial and continuing change — unless you agreed to make it contractual and non-modifiable.

Where The Longmont Law Firm comes in: The modifiable-vs-contractual choice at settlement is enormous. We make sure you're choosing it on purpose, not by boilerplate.

Ready when you are — talk it through with Attorney Liken.

Start here: a no-charge 20-minute phone call directly with Attorney Liken.

Quick answers

How is alimony calculated in Colorado?

Colorado's advisory guideline for most cases is about 40% of the spouses' combined monthly adjusted gross income minus the lower-earning spouse's income; if the payments are not tax-deductible for the payor, that figure is reduced to 80% (combined income up to $10,000 a month) or 75% (over $10,000 and up to $20,000), C.R.S. § 14-10-114(3)(b)(I). It is then adjusted by statutory factors like age, health, and the property division.

How long does maintenance last?

Guideline duration for marriages between roughly 3 and 20 years runs from about one-third to one-half of the marriage's length, increasing with longer marriages; marriages over 20 years can support indefinite awards.

Does adultery affect alimony in Colorado?

No. Colorado is a no-fault state and §14-10-114 excludes marital misconduct — maintenance turns on financial need and ability to pay.

Can maintenance be changed later?

Yes, on a substantial and continuing change of circumstances — unless the parties agreed maintenance would be contractual and non-modifiable. Unless the parties agreed otherwise in writing or the decree says otherwise, it ends on either party's death, the end of the term, or the recipient's remarriage or civil union (C.R.S. § 14-10-122(2)(a)).

Strategy

The levers that actually move maintenance

Maintenance outcomes turn on income evidence: pay history, bonuses, business cash flow, benefits, and — where a spouse could work but doesn't — vocational reality. Courts can consider earning capacity, not just current paychecks, on both sides of the equation.

Temporary maintenance while the case is pending runs on the same guideline and sets the tone for permanent orders. Take the temporary orders hearing seriously — the “temporary” number has gravity.

Step by step

  • 1 · Full financial disclosure — Sworn Financial Statements and documents from both spouses — the formula is only as good as its inputs.
  • 2 · Guideline calculation — Amount and term computed under §14-10-114's advisory guidelines.
  • 3 · Factor arguments — Age, health, employment history, the property division itself, and each factor the statute lists — argued with evidence.
  • 4 · Order or agreement — Modifiable by default; contractual and non-modifiable only if you say so explicitly.
Watch: Maintenance in the Child Support WorksheetSee how maintenance and child support interact on the official worksheet — free official Colorado videos, in plain English.

Maintenance and property are one negotiation

A bigger share of the property division can reduce or replace a maintenance stream — and vice versa. Negotiating them separately is how people get out-traded.

LONGMONTTHELAW FIRM
Charles E. Liken Jr., Esq.
Attorney & Counselor at Law

Plan the next chapter. We'll close this one right.

A no-charge 20-minute call with Attorney Liken can help you sort out your next step.

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