What Can You Do to Determine Maintenance in a Divorce?

Determining spousal maintenance (alimony) in a Colorado divorce involves several steps and considerations. Whether you may be paying or receiving maintenance, understanding the process helps you prepare for negotiations and ensure a fair outcome.

Step 1: Gather Complete Financial Information

The first step in determining maintenance is collecting comprehensive financial documentation:

• Tax returns for the past three years
• Recent pay stubs and income documentation
• Bank and investment account statements
• Monthly expense records and budgets
• Information about employee benefits and retirement accounts
• Business financial statements if self-employed

Step 2: Calculate Gross Income

Colorado's maintenance guidelines are based on each spouse's gross income. This includes:

• Wages and salary
• Bonuses and commissions
• Self-employment income
• Investment income
• Rental income
• Retirement and pension benefits
• Other sources of income

Step 3: Apply the Colorado Guidelines

Colorado has statutory guidelines that provide a starting point for maintenance calculations:

• Amount: The guideline amount is 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's monthly adjusted gross income
• Cap: The combined maintenance and the recipient's income should not exceed 40% of the parties' combined monthly adjusted gross income
• Duration: Based on the length of the marriage

Step 4: Consider Deviation Factors

The guidelines are advisory, not mandatory. Courts may deviate based on:

• The financial resources of each party
• Lifestyle during the marriage
• Property division in the divorce
• Each party's earning capacity
• Age and health of both parties
• Contributions to the other's education or career
• Any other relevant factors

Step 5: Document Your Needs and Ability to Pay

If seeking maintenance:

• Prepare a detailed monthly budget showing your reasonable needs
• Document your current income and realistic earning potential
• Show the gap between your needs and ability to meet them

If potentially paying maintenance:

• Prepare your own budget showing your expenses and obligations
• Document your actual income accurately
• Consider the tax implications of maintenance payments

Step 6: Consider Negotiation Options

Many maintenance issues can be resolved through negotiation rather than litigation. Options include trading maintenance for a larger share of property, agreeing to a specific duration, or structuring payments in creative ways that benefit both parties.