Alimony / Maintenance

Alimony/Maintenance

In Colorado, alimony is known as spousal maintenance, and it is a court ordered financial obligation from one spouse to the other following a divorce or legation separation. Its purpose is to transfer income from the higher-earning spouse to the lower-income spouse, to ensure that both parties can sustain themselves during and after the dissolution of their relationship.

Spousal maintenance can be ordered in an action for dissolution of marriage, an action for legal separation, or an action for declaration of invalidity of marriage. At the time of permanent orders in dissolution of marriage, legal separation, or declaration of invalidity proceedings, and upon the request of either party, the court may order the payment of maintenance from one spouse to the other pursuant to the provisions of the statute.

Such awards shall be:

1. Fair/Equitable: In an amount and for a term that is fair and equitable to both parties; and

2. No Fault: Made without regard to marital misconduct.

Step 1

When a party has requested maintenance in a dissolution of marriage, legal separation, or declaration of invalidity proceeding, prior to granting or denying an award of maintenance, the court shall make initial written or oral findings concerning:

1. The amount of each party’s gross income;

2. The marital property apportioned to each party;

3. The financial resources of each party, including but not limited to the actual or potential;

4. Income from separate or marital property;

5. Reasonable financial need as established during marriage; and

6. Whether maintenance awarded pursuant to this section would be deductible for federal income tax purposes by the payor and taxable income to the recipient.

Step 2

After making the initial findings described above the court shall determine the amount and term of the maintenance award, if any, that is fair and equitable to both parties after considering:

1. The guidelines for the term and amount of maintenance, as set forth in the statute;

2. All relevant factors, including:

   • The financial resources of the recipient spouse;

   • The financial resources of the payor spouse;

   • The lifestyle during the marriage;

   • The distribution of marital property;

   • Both parties’ income, employment, and employability;

   • The historical income of a party;

   • The duration of the marriage;

   • The amount and term of temporary maintenance;

   • The age and health of the parties;

   • Significant contribution to the marriage or to the advancement of a party;

   • Whether the parties’ circumstances warrant a nominal amount of maintenance; and

   • Any other factor that the court deems relevant.

3. Whether the party seeking maintenance has met the requirement for a maintenance award.

Step 3

The court has discretion to award maintenance, or not, based on the guidelines and factors considered in the previous steps, so long as the award is fair and equitable to both parties based upon the totality of the circumstances. The court must issue specific written or oral findings that support its award or denial of maintenance.