Whether you are the higher earner or need some financial assistance, the determination of the amount and term of spousal maintenance, commonly called alimony, produces a lot of conflict and anxiety in a divorce. Colorado’s maintenance statute, 14-10-114, provides a formula to determine maintenance but since the formula is advisory only, the legal standard establishing the amount and term of spousal support is more complex.
The Spousal Maintenance Formula
Essentially, the maintenance formula splits combined income 60% to the higher earner and 40% to the lower earner. The Court must consider this calculation, but the statute still requires a multi-factor analysis in determining spousal support. The contributions of the parties include non-economic factors such as the contributions of a homemaker spouse. The earning potential of both spouses may not be clear where one spouse has variable or multiple flows of income, or when one spouse has been out of the workforce for some time. Thus, determining each party’s income or potential income may provide challenges. Ultimately, before awarding an amount of maintenance, the Court must find that one spouse needs financial support to meet his or her reasonable needs and that the other spouse has the ability to pay while still meeting their own needs.
How Terms for Spousal Maintenance Get Established in Colorado
If an amount of alimony is awarded, the Court must also establish a term of maintenance based on the length of the marriage. The term for shorter marriages may be less than half the length of the marriage. For marriages over 20 years, the term must be at least 10 years. Whatever the term of maintenance, its purpose is to allow the lower earning spouse an opportunity to move toward financial independence.
The Court will order an amount and term of maintenance that is modifiable based on a substantial and continuing change of circumstances that makes the previous award of support unfair. However, the Court does not apply the same standard in modification as when determining an original order, so the importance of assuring an appropriate amount and term of maintenance is essential. In negotiating spousal support, the parties have the ability to agree to a contractual non-modifiable term and amount of maintenance that the Court cannot impose.
When a Divorce Lawyer Can Help
Navigating the various considerations of a maintenance request can complicate a divorce. Having a lawyer who will provide a complete analysis and honestly inform you of the risks of a course of action provides you with the advice you need to either settle or litigate maintenance. Our lawyers at Searcy Friedman Law have the integrity, knowledge and experience to help.
Legal notice: This website is not intended to constitute legal advice or the provision of legal services. By posting and/or maintaining this website and its contents, Searcy Friedman Law does not intend to solicit legal business from clients located in states or jurisdictions where Searcy Friedman Law or its individual attorneys are not licensed or authorized to practice law. Searcy Friedman Law © 2025-2026. All rights reserved.
