What is the Duration of Maintenance in Colorado?

One of the most common questions in Colorado divorce cases is how long spousal maintenance will last. Colorado law provides guidelines for maintenance duration based primarily on the length of the marriage, though courts have discretion to adjust based on circumstances.

Colorado's Duration Guidelines

Colorado provides advisory guidelines for maintenance duration based on the length of the marriage. The following chart shows the general guidelines:

Marriage Length	Duration as % of Marriage
0-3 years	31%
3-5 years	35%
5-10 years	40%
10-15 years	45%
15-20 years	50%
20+ years	50% or indefinite

Examples of Duration Calculations

• 5-year marriage: 5 years x 35% = 1.75 years (approximately 21 months)
• 10-year marriage: 10 years x 40% = 4 years (48 months)
• 15-year marriage: 15 years x 45% = 6.75 years (approximately 81 months)
• 20-year marriage: 20 years x 50% = 10 years (120 months)

Factors Affecting Duration

Courts may deviate from the guidelines based on several factors:

• Age: Older recipients may need longer support periods
• Health: Health issues affecting employability may extend duration
• Earning Capacity: Time needed to become self-supporting
• Education: Time required to complete training or education
• Childcare Responsibilities: Young children may affect when a parent can work
• Agreement: Parties can agree to different terms

Types of Maintenance Duration

Temporary Maintenance

Paid during the divorce proceedings until a final order is entered.

Term Maintenance

Paid for a specific period of time, with a definite end date. This is the most common type.

Indefinite Maintenance

In long-term marriages (typically 20+ years) or when circumstances warrant, maintenance may be awarded without a specific end date. It may still be modified or terminated based on changed circumstances.

When Maintenance Ends

Maintenance typically terminates upon:

• The end of the specified term
• Death of either party
• Remarriage of the recipient
• Court order based on changed circumstances
• Cohabitation of the recipient (in some cases)

Modifying Duration

Unless the parties agree that maintenance is non-modifiable, either party can seek to modify maintenance duration based on a substantial and continuing change in circumstances. Common reasons include significant changes in income, health, or living arrangements.