Get CO Spousal/Partner Maintenance Advisement 2014-2024

No, Colorado is an “equitable distribution” state, not a ”community property state”. Meaning that your house — a marital property — is not automatically divided equally (50:50) during the divorce. Instead, the judge analyzes your personal circumstances and suggests a “fair” division.

The duration of payments is determined by a judge in Colorado family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

A: No, spousal support is not mandatory in Colorado. If both spouses can support themselves after the divorce, the court is unlikely to order spousal support.

ing to a 9News report, Colorado courts calculate the alimony amount by taking 40 percent of the higher gross income and subtracting 50 percent of the lower gross income. The difference is then divided by 12 to determine the monthly alimony payment.

The calculation set forth in C.R.S. §14-10-114 subtracts 50% of the gross monthly income of the lower-earning spouse from 40% of the gross monthly income of the higher-earning spouse (capped at 40% of the combined gross monthly income of the parties), factored by the duration of the marriage in full months.

Factors that go into alimony determination include each spouse's income and financial resources, the future earning capacities of the spouses, the length of the marriage, age and physical and emotional conditions of the spouses, and whether the spouse seeking alimony payments will obtain child support or property from ...

Maintenance is the term used by Colorado courts to describe what is called alimony or spousal support elsewhere. This is the financial support provided by one spouse for the other. This is an often-contentious component of a divorce because of the emotional component of paying maintenance.

14-10-114(2) explicitly provides: “An award of maintenance shall be in an amount and for a term that is fair and equitable to both parties and shall be made without regard to marital misconduct.”