How does alimony work in Colorado?

Colorado maintenance is governed by C.R.S. § 14-10-114 and uses one of the most explicit advisory guideline systems in the country.

1. Threshold Eligibility — § 14-10-114(3)(a)(I)

The court must first find the spouse seeking maintenance:

Lacks sufficient property, including marital property apportioned, to provide for reasonable needs; AND

Is unable to support self through appropriate employment OR is the custodian of a child whose condition makes outside employment inappropriate

2. The Advisory Guideline — § 14-10-114(3)(b)(I)

For marriages at least 3 years AND combined adjusted gross income up to $240,000, the statutory advisory guideline applies:

Amount: 40% of the higher earner's monthly adjusted gross income MINUS 50% of the lower earner's monthly adjusted gross income. If less than zero, presumptive amount is zero. Maintenance plus the lower earner's income may not exceed 40% of combined monthly AGI.

Duration table (percentage of marriage length): increases gradually from 31% at 3 years to 50% at 20+ years. For example:

3 years marriage: 11 months (31%)

5 years: 21 months (35%)

10 years: 54 months (45%)

15 years: 90 months (50%)

20 years: 120 months (50%)

3. Above $240,000 Combined or Under 3 Years

Guideline does not apply. Court determines amount and duration based on the § 14-10-114(3)(c) factors.

4. Statutory Factors — § 14-10-114(3)(c)

Financial resources, financial resources of recipient, lifestyle during marriage, distribution of marital property, both parties' incomes including separate property, earning capacities, time/cost of training, age and physical/emotional condition, significant economic/non-economic contributions, marriage duration, temporary maintenance, and other relevant factors.

5. The Guideline Is ADVISORY

Critical: the formula creates a starting point, not a presumptive result. The court may deviate based on the factors but must explain why.

6. Modification — § 14-10-122

Modifiable on a showing of substantial and continuing change of circumstances rendering the terms unfair. The 10% rule: a change of 10% or more in monthly maintenance is presumptively substantial.

7. Termination — § 14-10-122(2)

Death of either party

Remarriage of the recipient

Per decree terms (including cohabitation)

8. Lump Sum

Court may order lump-sum (in gross) maintenance, which is non-modifiable.

9. Tax

Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

This is legal information, not legal advice.