Colorado's Maintenance Formula

Colorado provides a statutory formula to help calculate spousal maintenance amounts. While these guidelines are advisory rather than mandatory, they provide a useful starting point for determining appropriate maintenance in most cases.

The Basic Formula

Colorado's maintenance formula calculates the guideline amount based on each party's adjusted gross income:

The 40% Cap

Colorado law includes a cap to prevent the lower-earning spouse from receiving more than 40% of the combined income through maintenance:

Cap Rule: The maintenance amount plus the recipient's income cannot exceed 40% of the parties' combined monthly adjusted gross income.

If the calculated maintenance would push the recipient above this threshold, the maintenance amount is reduced accordingly.

Income Threshold

The statutory formula applies when the parties' combined annual adjusted gross income is $240,000 or less. For higher income cases:

• The formula does not automatically apply
• Courts have broader discretion
• Additional factors become more important
• Expert testimony may be helpful

What is Adjusted Gross Income?

For maintenance purposes, adjusted gross income generally includes:

• All wages, salaries, and tips
• Bonuses and commissions
• Self-employment income
• Investment and dividend income
• Rental income
• Retirement and pension benefits
• Social Security benefits
• Other income sources

Income may be adjusted for certain factors such as child support for other children and other maintenance obligations.

Formula Application Example

Guidelines Are Advisory

It is important to understand that Colorado's maintenance formula provides guidelines, not mandatory requirements. Courts may deviate from the formula based on:

• The financial resources of each party
• The lifestyle established during the marriage
• Property division in the divorce
• Each party's earning capacity and employability
• Age and health considerations
• Any other relevant factors