How to Calculate Alimony in Colorado: Maintenance Calculator

Spousal maintenance, also known as alimony or spousal support, can help a lower-earning spouse achieve financial stability after a divorce and provide assistance while the spouse becomes self-sufficient. Colorado courts determine these awards, in part, by weighing the payer’s financial capacity against what the recipient needs. If you’re considering a divorce in Colorado, understanding the formulas and discretionary factors courts use to determine these awards can help you plan for what’s next. 

How Much is Alimony in Colorado?

Try our Colorado alimony calculator to estimate your monthly payments.

• Alimony typically only applies to marriages of three years or longer.

• Courts use statutory guidelines, tax considerations, and engage in an in-depth analysis of the parties’ incomes and specific circumstances to calculate alimony in Colorado.

• For divorces finalized after January 1, 2019, alimony is not a tax-deductible personal expense or reportable income.

• For combined incomes under $240,000 a year, courts generally aim for the lower-income-earning spouse to receive approximately 40% of the combined gross income.

• Gross income, not net income, is used for calculations and considerations.

• SB 25-116 paved the way for courts to consider domestic violence, coercive control, and economic abuse when determining maintenance decisions. 

Since 2013, Colorado family court judges have relied on complex statutory guidelines to help them determine fair alimony awards. The guidelines are a starting point; they’re not rigid mandates. Courts have significant discretion and may deviate from the statutory formula to determine appropriate maintenance and ensure equitable awards. And from time to time, the state legislature adjusts the spousal maintenance formula to reflect changes to the tax code.

No. Under current federal law, alimony is neither tax-deductible for the payer nor taxable income for the receiver. Colorado updated its alimony calculation guidelines to reflect this shift in the tax burden, effective for divorces finalized after January 1, 2019. Awards are reduced so the amounts are equitable for both parties, with the payer receiving zero tax benefit and the recipient not having to report the money as income.

Colorado Alimony Formula

For couples with a combined monthly Adjusted Gross Income (AGI) of $20,000 or less, courts begin by applying the following formula:

1. Determine the base alimony amount - Calculate 40 percent of the couple’s combined monthly AGI, then subtract the lower-earning spouse’s monthly AGI. 

2. Apply the income reduction - Since alimony is currently not tax-deductible (for post-2019 decrees), the base amount is adjusted based on the combined monthly income. 

Combined Monthly AGI	Alimony Adjustment
$10,000 or less	80 percent multiplier
$10,001 to $20,000	75 percent multiplier

Additional Considerations

Once the baseline is established, the court adjusts the figure to reflect the “big picture” by weighing each party’s gross income, financial resources, the division of property achieved in the divorce, and the financial need established during the marriage. These considerations can also include: 

• Each party’s financial resources and ability to meet their needs independently

• The ability of the higher-income-earning spouse to pay

• The lifestyle established during the marriage 

• Each party’s Income

• Each party’s Employment or employability if not employed

• Past incomes

• Length of marriage 

• Health and wellness

• Significant contributions to the marriage (economic and non-economic)

• Each party’s educational or career advancements

The following examples demonstrate the maintenance calculator formula in practice.  

• Todd’s Income - $1,300/month

• Jane’s Income - $7,200/month

• Combined AGI - $8,500/month ($102,000/year)

Step 1: Calculate the Base Amount

The formula for determining the guideline amount of maintenance is 40 percent of the combined monthly AGI minus the lower-earning spouse’s gross monthly income.

• Combined AGI x 40 percent: $8,500 x 0.40 = $3,400

• Subtract Lower Earner’s Income: $3,400-$1,300 = $2,100

Step 2: Apply the Tax Adjustment Multiplier

Since the combined monthly AGI is under $10,000, you must apply the 80 percent multiplier. 

• Guideline Amount: $2,100 x 0.80 = $1,680 per month

After determining this initial calculation pursuant to the guidelines, the court would then consider each party’s individual circumstances, financial capacities, and the marriage’s history to ensure the necessary qualifications are met. The court can then order Jame to pay Todd $1,680 or some alternative value based on the individual circumstances and considerations. 

• Susan’s Income - $6,400/month

• Jason’s Income - $12,000/month

• Combined AGI - $18,400/month ($220,800/year) 

Step 1: Calculate the Base Amount

Just like with the previous example, the formula is 40 percent of the combined monthly AGI minus the lower-earning spouse’s monthly AGI.

• Combined AGI x 40 percent: $18,400 x 0.40 = $7,360

• Subtract Lower Earner’s Income: $7,360 - $6,400 = $960 

Step 2: Apply the Tax Adjustment Multiplier

For a combined monthly income between $10,000 and $20,000, Colorado law requires a 75 percent multiplier. 

• Guideline Amount: $960 x 0.75 = $720 per month

In this specific scenario, the court would consider the roughly $720 per month in alimony before accounting for individual circumstances, financial capacity, and marriage history. 

If a couple’s combined annual AGI exceeds $240,000 annually or $20,000 per month, the court determines the maintenance based on a comprehensive list of factors under C.R.S. 14-10-114, but is not bound by the guideline calculation.

Other Factors Courts Consider When Determining Alimony 

• Domestic Abuse - History of domestic violence in the marriage

• Financial resources - Income, assets, and marital property distribution

• Standard of living - The lifestyle recognized by both parties while married.

• Marriage duration - How long the marriage lasted

• Age and health - Critical for older spouses or people with disabilities

• Contributions - Homemaking or supporting a spouse’s career

Note: Attorneys often calculate maintenance under the standard guidelines to provide judges a baseline reference, even in high-asset cases. Try it out yourself using our Colorado alimony support calculator.

Yes, domestic violence can affect support payments in Colorado. SB 25-116 amended Colorado law to explicitly allow courts to consider abusive conduct when making alimony decisions. Judges can now weigh how domestic abuse affects the overall equity of spousal abuse and divorce proceedings. Behaviors the courts can consider include: 

• Domestic violence

• Coercive control

• Economic abuse

• Litigation abuse

• Emotional or physical abuse

• Unlawful sexual behavior

While maintenance aims to achieve financial parity after a marriage ends, evolving Colorado alimony rules and federal tax intricacies demand professional oversight. Our attorneys help clients throughout Colorado manage these complexities and protect their long-term interests, focusing on:

• Strategic planning - Analyzing your unique financial outlook to negotiate fair settlements that look beyond the standard formulas, particularly for high-asset couples. 

• Case navigation - Explaining how changing legal requirements affect your case, and providing guidance on everything from disclosing protection orders to documenting instances of economic abuse. 

• Litigation oversight - Representing your interests in contested hearings to ensure the court properly weighs discretionary factors like age, health, and standard of living where guidelines aren’t applicable. 

Protect your financial future. Call 303-688-0944 or book a consultation online with a Colorado family law attorney today. For your convenience, we have multiple offices in the Denver Metro and Colorado Springs areas.