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In our state, spousal maintenance, also known as alimony or spousal support, refers to the financial support that one spouse may be required to provide to the other after a divorce. Spousal maintenance is intended to help the lower-earning or non-earning spouse maintain a reasonable standard of living after the marriage ends. 

The purpose of this blog post is to explain what spousal maintenance is and how it works in Colorado.

The Difference Types of Spousal Maintenance That Exist in Colorado

There are several different types of spousal maintenance available in Colorado, including temporary maintenance, rehabilitative maintenance, and permanent maintenance.

Temporary maintenance is designed to provide financial support to a spouse during the divorce proceedings. This type of maintenance is typically awarded if one spouse is not currently employed or is not able to support themselves while the divorce is pending. Once the divorce is finalized, the temporary maintenance payments will typically end.

Rehabilitative maintenance is intended to provide support to a spouse while they work to become self-sufficient. This type of maintenance is often awarded to a spouse who needs additional education or training to gain the skills necessary to support themselves. Rehabilitative maintenance payments may be made for a set period of time, such as a year or two, or until the spouse reaches a specific goal, such as completing a degree or finding a job.

Permanent maintenance, as the name suggests, is designed to provide ongoing financial support to a spouse. This type of maintenance is typically awarded to a spouse who is unable to become self-sufficient due to age, disability, or other circumstances. Permanent maintenance payments may continue until the receiving spouse remarries or until one of the parties dies.

How Does Colorado Decide Whether or Not to Award Spousal Maintenance – And How Much?

It is important to note that spousal maintenance is not automatically awarded in every divorce case. Instead, it is a discretionary decision made by the court based on the specific circumstances of each case. 

Who can receive spousal maintenance in Colorado? Spousal maintenance can be awarded to either spouse, regardless of gender. That being said, when determining whether to award spousal maintenance and how much to award, Colorado courts consider a number of factors. 

These factors include:

1. The length of the marriage. The longer the marriage, the more likely it is that spousal maintenance will be awarded.
2. The financial resources of each spouse. The court will look at the income, assets, and liabilities of each spouse to determine if spousal maintenance is necessary.
3. The earning capacity of each spouse. The court will also consider each spouse’s ability to earn income after the divorce.
4. The standard of living established during the marriage. The court will consider the lifestyle that the couple enjoyed during the marriage.
5. The age and health of each spouse. The court will also look at the age and health of each spouse to determine if spousal maintenance is necessary.
6. The contributions of each spouse to the marriage. The court will consider the contributions of each spouse to the marriage, including both financial and non-financial contributions (for example, if one spouse did not work but instead acted as the primary caretaker for any children).

Once the court has considered these factors, it will determine if spousal maintenance is appropriate and, if so, the amount and duration of the maintenance. In Colorado, there is no specific formula for calculating spousal maintenance, and the court has broad discretion in making its determination.

If spousal maintenance is awarded, the court may require it to be paid monthly or as a lump sum. If awarded as a monthly payment, the court will specify the amount and the duration of the payments. If awarded as a lump sum, the paying spouse will make a one-time payment to the receiving spouse, and the obligation to pay spousal maintenance will be satisfied.

Is It Possible to Change the Terms of Spousal Maintenance in Colorado?

Absolutely. Spousal maintenance can also be modified or terminated in certain circumstances. If the financial circumstances of either spouse change significantly, the court may modify the amount or duration of spousal maintenance. 

For example, if the paying spouse loses their job, they may be able to petition the court for a reduction in the amount of spousal maintenance. Similarly, if the receiving spouse remarries or begins to earn a significant income, the court may terminate spousal maintenance.

Spousal maintenance can be a contentious issue in divorce cases. If you are a higher-earning spouse, you may be concerned about the financial impact of paying spousal maintenance. If you are a lower-earning or non-earning spouse, you may be worried about how you will support yourself after the divorce. 

If you are considering divorce and have questions about spousal maintenance, it is important to consult with an experienced Colorado Springs family law attorney who can advise you on your rights and options and make sure your interests are protected.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.