Answers to Frequently Asked Questions About Colorado Alimony

In Colorado, spousal maintenance—frequently known as alimony—is a common fixture in divorce settlements. Whether you’ll be the one providing the support or the one receiving it, understanding the ‘how’ and ‘why’ behind these payments is vital for your long-term financial peace of mind. To help you navigate the road ahead, I’ve broken down the most common questions about maintenance in Colorado.

What is alimony support?

Legally known as “spousal maintenance” in Colorado, alimony is the periodic payments one spouse makes to another after their marriage ends. There are two main types of spousal support: 

• Spousal Maintenance - court-mandated support 

• Contractual Maintenance - divorcing spouses mediated the payment terms, amount, and duration. The terms are modifiable or non-modifiable. 

Why does alimony exist?

Alimony provides a lower-earning spouse with financial stability after the marriage. It often addresses the economic imbalance that arises when one spouse postpones higher education or career advancement to care for the home and children or to support their partner’s career.

What is alimony based on?

Spousal support is not an automatic entitlement. Financial need and the ability to pay support are two important eligibility criteria. Courts also consider factors like how long a couple was married, the standard of living enjoyed during the marriage,  property distribution, the health and age of each spouse, and whether the marriage had a history of domestic violence or other forms of abuse. Learn more about how alimony is calculated in Colorado. 

How long do you have to be married to get alimony in Colorado?

Colorado maintenance guidelines generally apply to marriages lasting at least 36 months. However, courts have the discretion to award maintenance for shorter marriages if a spouse is elderly, disabled, or has made a significant sacrifice, such as moving or postponing employment, that resulted in an economic disadvantage. Statutory maintenance is never guaranteed. Colorado judges have considerable discretion in these matters. Therefore, it’s in your best interest to talk to a family law attorney about your circumstances.

How long does alimony last in Colorado?

The length of the marriage primarily determines the duration of payments. For marriages between three and 20 years, statutory guidelines suggest a term based on a percentage of how long you were married. The percentage ranges from 31 to 50 percent. The longer the marriage, the greater the percentage. Once you’ve been married for 12-and-a-half years (150 months), guidelines recommend maintenance for 50 percent of that time, or six years and three months (75 months). In marriages lasting more than 20 years, courts may order indefinite maintenance depending on circumstances. Try our free and confidential Colorado alimony support calculator. We use the latest statutory formulas to give you a reliable estimate.

How does an attorney negotiate alimony?

An attorney negotiates alimony by presenting specific facts to counter unfair financial assumptions during mediation. If mediation fails, they leverage statutory factors—such as income disparity and sacrifice—to present a compelling case to a judge, who has financial discretion over the amount and duration. 

How can I avoid or stop paying alimony?

You may be able to avoid paying alimony through mediation, proving your spouse has the ability to financially support themselves after divorce, or demonstrating that your spouse committed domestic violence against you within five years of filing. To stop or reduce existing payments, you must prove a “substantial or continuing” change in circumstances, such as involuntary job loss, that makes the original terms unfair. 

What is the fee for an alimony attorney?

In Colorado, family law attorneys typically charge hourly rates ranging from $250 to $450. However, the cost depends on the complexity of the case and whether an alimony dispute is resolved through mediation or requires costly litigation. 

Who pays taxes on alimony?

Since 2019, the payor has been responsible for the income tax on alimony payments. Payers don’t get a tax deduction, and alimony is not taxed as income for recipients. Colorado guidelines have been adjusted to reflect this tax burden.

Because determining spousal maintenance requires strict adherence to the statutory guidelines, our attorneys leverage their knowledge of Colorado law to advocate for our clients. If you’re concerned about your financial stability or unfair payment obligations, we can help you evaluate your position and protect your assets by:

• Negotiating contractual spousal support terms and pushing back against unfair financial assumptions during mediation.

• Leveraging statutory factors like income disparity, economic sacrifice, and marriage length to advocate for a fair outcome.

• Proving a “substantial and continuing” change in circumstances to help you modify or stop existing alimony orders. 

Schedule a consultation to speak with our Colorado spousal maintenance lawyers today.