Alimony in Colorado: Who Qualifies and How Long It Lasts

Colorado Uses the Word "Maintenance," Not "Alimony"

If you search for "alimony" in Colorado law, you will not find it. Colorado calls the same concept spousal maintenance, governed by C.R.S. § 14-10-114. The practical meaning is identical to what most people call alimony: one spouse pays the other a regular sum of money after divorce to help the lower-earning spouse stay financially afloat. Knowing the correct term matters because every court form, judge, and attorney in Colorado will use "maintenance."

Before You Can Even File: Colorado's Residency Requirement

Under C.R.S. § 14-10-106, at least one spouse must have been domiciled in Colorado for 91 days before a dissolution case is filed. After the court acquires jurisdiction over the respondent (the other spouse), another 91 days must pass before a final decree can be entered. That means no Colorado divorce is legally final in less than about three months from the day jurisdiction is established.

Time-sensitive note: The 91-day periods are statutory minimums. Court scheduling backlogs in your county may extend your timeline further. Check with your local district court for current processing times.

Who Qualifies for Spousal Maintenance?

Colorado's statute creates two layers of analysis: the advisory guidelines (a mathematical formula) and the court's broader discretion.

The Advisory Guideline Threshold

The advisory guidelines under C.R.S. § 14-10-114(3)(a) apply only when both of the following are true:

• The marriage lasted at least 3 years, and
• The spouses' combined annual adjusted gross income does not exceed $240,000.

If your marriage was shorter than 3 years, or if combined income exceeds that cap, the formula does not automatically apply. A judge can still award maintenance in those situations, but will exercise broader discretion rather than follow the guideline numbers.

What If You Don't Fall Under the Guidelines?

Even outside the advisory guidelines, a Colorado court considers factors such as each party's financial resources, the standard of living established during the marriage, the length of the marriage, and each spouse's ability to meet their own needs independently. The statute does not bar maintenance in shorter marriages — the court simply has more room to decide.

How the Advisory Amount Is Calculated

If your case falls within the guideline thresholds, the advisory monthly maintenance amount under C.R.S. § 14-10-114(3)(b)(I) is:

40% of the parties' combined monthly adjusted gross income, minus the lower-income spouse's monthly adjusted gross income.

If that math produces a negative number, the advisory amount is zero.

For example (hypothetical numbers for illustration only): if combined monthly adjusted gross income is $8,000 and the lower-earning spouse earns $2,500 per month, then 40% of $8,000 is $3,200; subtracting $2,500 gives an advisory amount of $700 per month. This is a guideline, not a guarantee — a judge may adjust it based on the specific facts of your case.

How Long Maintenance Lasts: The Advisory Term

The length of maintenance is tied directly to how long the marriage lasted. Under C.R.S. § 14-10-114(3)(b)(II), for marriages between 3 and 20 years, the statute sets out a table of advisory terms. The percentage of the marriage length that translates into maintenance rises from about 31% at 36 months up to a cap of 50% at 150 months (12.5 years). The statute provides these reference points:

• A 3-year marriage yields an advisory term of approximately 11 months.
• A 20-year marriage yields an advisory term of approximately 120 months (10 years).

For marriages that fall between those examples, the advisory term falls somewhere in between, following the table in the statute.

Marriages Longer Than 20 Years

When a marriage lasted more than 20 years, the advisory framework shifts. Under C.R.S. § 14-10-114(3)(b)(II), the court may order either a specified term or indefinite maintenance, but it cannot set a term shorter than the advisory guideline term for a 20-year marriage. In practice, long marriages frequently result in longer or open-ended maintenance orders.

When Maintenance Ends Automatically

Under C.R.S. § 14-10-122(2), maintenance automatically terminates — unless the divorce decree or a written agreement says otherwise — when:

• Either spouse dies, or
• The recipient remarries or enters a civil union.

Cohabitation does not automatically end maintenance under Colorado law unless your divorce decree or separation agreement specifically includes that provision. If you want maintenance to end upon cohabitation, that term must be spelled out explicitly in writing.

Can Maintenance Be Changed After the Divorce?

Yes, but the bar is high. C.R.S. § 14-10-122(1)(a) allows modification only if there has been a change in circumstances so substantial and continuing that the existing maintenance terms have become unfair. A temporary setback — a short job loss or a brief illness — typically does not meet this standard. A permanent disability or a dramatic, lasting change in either party's income is more likely to qualify.

Federal law under the Bradley Amendment (42 U.S.C. § 666(a)(9)(C)) makes accrued child support obligations non-retroactively reducible. This provision specifically targets child support, not spousal maintenance, but the underlying principle is a useful caution: once a payment comes due, a court generally cannot erase it for past periods. Do not assume a court will forgive maintenance arrears that already accrued before you filed for modification.

What Happens If an Ex-Spouse Files for Bankruptcy?

Your maintenance payments are protected under federal law. Under 11 U.S.C. § 523(a)(5), a domestic support obligation — which includes spousal maintenance — cannot be discharged (wiped out) in bankruptcy. The obligation survives bankruptcy proceedings. Property-settlement debts owed to you under the divorce decree are also generally non-dischargeable in Chapter 7 bankruptcy under 11 U.S.C. § 523(a)(15).

Maintenance vs. Property Division: Know the Difference

Maintenance and property division are separate legal questions decided in the same proceeding. Under C.R.S. § 14-10-113(1), Colorado courts divide marital property equitably — fairly, though not necessarily equally — without regard to marital misconduct. Separate property owned before the marriage, or received as a gift or inheritance, is set apart to each spouse. Maintenance addresses ongoing income support after divorce; property division is a one-time split of assets and debts. Both questions follow different legal rules even though they are resolved in a single case.

What You Can Do in Colorado: Practical Steps

1. Check the residency clock. Confirm that at least one of you has been domiciled in Colorado for 91 days before you file. Filing too early can delay your entire case. (C.R.S. § 14-10-106)
2. Gather income documentation. The advisory formula depends on each party's adjusted gross income. Collect recent tax returns, pay stubs, and any other income records before your first court appearance or mediation session.
3. Run the advisory formula yourself. Using verified income figures, calculate the advisory amount: take 40% of combined monthly adjusted gross income and subtract the lower earner's monthly adjusted gross income. This gives you a realistic ballpark before you sit down to negotiate.
4. Document your marriage length precisely. Find your marriage certificate. The exact length of the marriage in months drives the advisory term table under C.R.S. § 14-10-114(3)(b)(II). A difference of a few months can shift the advisory term noticeably for marriages near the 3- or 20-year marks.
5. Address cohabitation and termination terms in writing. If you want maintenance to end upon cohabitation — not just remarriage — spell that out explicitly in your separation agreement or proposed decree. Silence on this point means it does not terminate automatically.
6. Use Colorado Judicial Branch self-help resources. The Colorado Judicial Branch (coloradojudicial.gov) provides official self-help forms and guides for dissolution cases, including parenting plan forms (JDF 1413) and related dissolution documents, at no cost.
7. File a modification promptly if circumstances change. If a qualifying change in circumstances occurs, file for modification as soon as possible. Arrears that already came due before you file cannot be erased retroactively, and you generally cannot recover overpaid maintenance after the fact.

This article is for general informational purposes only and is not legal advice; consult a licensed Colorado attorney for guidance specific to your situation.