Is Spousal Maintenance Automatically Awarded in Colorado?

Spousal maintenance (sometimes called alimony) is not automatically awarded in Colorado divorces. Whether maintenance is appropriate depends on the specific circumstances of each case, and a spouse seeking maintenance must demonstrate that it is warranted.

The Threshold Question

Before calculating a maintenance amount, courts first determine whether maintenance is appropriate at all. The court considers whether the spouse seeking maintenance:

• Lacks sufficient property to provide for their reasonable needs after property division
• Is unable to support themselves through appropriate employment
• Has custodial responsibilities that limit their ability to work

When Maintenance May Be Awarded

Maintenance is more likely to be awarded when:

• Significant income disparity exists: One spouse earns substantially more than the other
• Long-term marriage: Generally, longer marriages are more likely to result in maintenance awards
• Career sacrifices were made: One spouse gave up career opportunities to support the family or the other spouse's career
• Limited earning capacity: Age, health, or lack of recent work experience limits employability
• Education or training needed: One spouse needs time and resources to become self-supporting

When Maintenance May Not Be Awarded

Maintenance is less likely when:

• Both spouses have similar incomes
• The marriage was short-term
• Both spouses are capable of self-support
• Property division provides sufficient resources
• The requesting spouse has significant separate assets

You Must Request Maintenance

Maintenance is not automatically considered by the court. To receive maintenance, you must:

• Request it in your initial petition or response
• Provide financial documentation supporting your need
• Demonstrate that the other spouse has the ability to pay
• Present evidence about the relevant factors

Temporary vs. Permanent Maintenance

Colorado recognizes different types of maintenance:

• Temporary Maintenance: Awarded during the divorce process to maintain the status quo. May be awarded even in cases where permanent maintenance is uncertain.
• Permanent Maintenance: Awarded as part of the final divorce decree. Despite the name, it typically has an end date based on the length of the marriage.

Agreement Between Spouses

Spouses can agree to maintenance terms that differ from what a court might order. Some couples agree to waive maintenance entirely, while others negotiate terms that reflect their unique circumstances. These agreements are generally enforceable if made voluntarily and with full financial disclosure.

The Importance of Proper Documentation

Whether seeking or defending against maintenance, proper documentation is essential. This includes complete financial disclosure, evidence of earning capacity, documentation of the marital standard of living, and any other information relevant to the factors courts consider.