What is Spousal Maintenance?

Spousal maintenance, commonly known as alimony, is financial support paid by one spouse to the other during or after a divorce. In Colorado, maintenance is designed to help the lower-earning spouse maintain a reasonable standard of living and become financially independent.

Purpose of Spousal Maintenance

Spousal maintenance serves several important purposes:

• Economic Fairness: Helps balance economic inequities that may result from the marriage or divorce
• Transition Support: Provides financial support while a spouse develops skills or education to become self-supporting
• Recognition of Contributions: Acknowledges sacrifices made during the marriage, such as giving up career opportunities for the family
• Standard of Living: Helps both parties maintain a lifestyle reasonably comparable to what they enjoyed during the marriage

Types of Maintenance in Colorado

Temporary Maintenance

Also called pendente lite maintenance, this is awarded during the divorce proceedings to help the lower-earning spouse cover expenses while the case is pending. It ends when the final divorce decree is entered.

Short-Term or Rehabilitative Maintenance

Awarded for a specific period to allow a spouse to gain education, training, or work experience needed to become self-supporting. Common in shorter marriages or when the recipient has clear paths to employment.

Long-Term Maintenance

Awarded for an extended period or indefinitely, typically in long-term marriages where one spouse may have limited ability to become fully self-supporting due to age, health, or other factors.

Key Factors in Maintenance Decisions

Colorado courts consider many factors when deciding maintenance, including:

• Each party's income and financial resources
• The length of the marriage
• Each party's earning capacity and employability
• The marital standard of living
• Property division in the divorce
• Age and health of both parties
• Contributions to the other spouse's education or career
• Time out of the workforce for family responsibilities

Colorado's Maintenance Guidelines

Colorado has statutory guidelines that provide a formula for calculating maintenance amounts and duration. These guidelines apply when the parties' combined annual income is $240,000 or less. The guidelines are advisory, meaning courts can deviate from them when circumstances warrant.

How Maintenance is Paid

Maintenance is typically paid in one of these ways:

• Periodic Payments: Regular monthly payments for a specified term
• Lump Sum: A single payment or property transfer in lieu of ongoing payments
• Combination: A mix of lump sum and periodic payments

Modification and Termination

Maintenance can often be modified if circumstances change significantly. Maintenance typically ends upon:

• The end of the specified term
• Death of either party
• Remarriage of the recipient
• Court order based on changed circumstances

Tax Implications

For divorces finalized after December 31, 2018, maintenance payments are no longer tax-deductible for the payer or taxable income for the recipient under federal law. This change from previous tax treatment can significantly affect the net impact of maintenance payments.