Factors Courts Consider When Awarding Maintenance

When determining spousal maintenance in Colorado, courts consider a wide range of factors to arrive at a fair award. While statutory guidelines provide a starting point, judges have discretion to adjust maintenance based on the specific circumstances of each case.

Statutory Factors Under Colorado Law

Colorado Revised Statutes section 14-10-114 lists specific factors courts must consider:

Financial Resources

• Each party's gross income
• Marital property awarded to each party
• Each party's financial resources, including separate property
• Reasonable financial needs based on the marital standard of living

Marriage Duration and Age

• The length of the marriage
• The age of each party
• The physical and emotional health of both parties

Earning Capacity

• Each party's current income and employment
• Historical earnings and work experience
• Education, training, and employability
• Time and expense needed to acquire education or training
• Whether earning capacity was impaired by the marriage

Contributions During Marriage

• Contributions as a homemaker
• Assistance to the other party's career or education
• Sacrifices made for the family
• Time out of the workforce for family responsibilities

How These Factors Affect Maintenance

Factors That May Increase Maintenance

• Longer marriages
• Significant income disparity between spouses
• Limited earning capacity due to age, health, or time out of workforce
• Sacrifices made for the other spouse's career
• Higher marital standard of living
• Fewer assets awarded to the requesting spouse

Factors That May Decrease Maintenance

• Shorter marriages
• Both spouses have similar earning capacity
• Requesting spouse has significant separate assets
• Requesting spouse received larger property award
• Requesting spouse has education and skills to become self-supporting

The Role of Marital Standard of Living

Courts consider the lifestyle the couple maintained during the marriage. The goal is to allow both parties to maintain a reasonably comparable standard of living after divorce, to the extent possible given the available resources. This does not mean identical lifestyles, but rather a fair allocation based on circumstances.

Deviation from Guidelines

Colorado courts may deviate from the statutory guidelines when the factors warrant it. Common reasons for deviation include:

• Unusually high or low income situations
• Significant health issues affecting earning capacity
• Substantial separate property or inheritance
• Economic misconduct by either party
• Agreement between the parties for different terms

Documenting Your Case

If you are seeking maintenance or defending against a maintenance request, thorough documentation of these factors is essential. Financial records, employment history, evidence of contributions to the marriage, and expert testimony may all be relevant to your case.