Divorce is one of the most difficult times in a person’s life and brings many challenges. In addition to the personal and emotional toll, separating couples must confront complicated legal issues such as division of property, child custody arrangements, and spousal maintenance (commonly referred to as alimony) determination. Whether you are paying or collecting maintenance, you should be aware of various aspects, such as when it is awarded, how it is calculated, and how long payments last.
What Is Maintenance?
Spousal maintenance is money paid to one spouse by the other in a legal divorce or separation (Colo. Rev. Stat. Ann. § 14-10-114 (West)). It is intended to support the lower-earning spouse as they transition from married life to single life. In calculating the appropriate amount of spousal maintenance, courts weigh one spouse’s need for support against the other’s ability to provide such support.
Before deciding whether to grant or deny spousal maintenance, the court must also consider:
- Each party’s gross income;
- The division of marital property between parties;
- The financial resources of each party;
- And the reasonable financial needs established during the marriage.
After making these threshold findings, the court will consider the guideline amount and term (duration) of any maintenance.
How Is Maintenance Calculated?
The court will award maintenance only if it finds that the spouse requesting maintenance lacks sufficient property or resources to provide for their reasonable needs and cannot support themselves. If an award is deemed appropriate, the court must determine the proper amount and duration of spousal maintenance.
The monthly gross incomes of each spouse are key components in determining the proper amount of spousal maintenance.
Gross income encompasses all sources of income, most notably:
- Salaries or employment earnings;
- Pensions and retirement benefits;
- Public assistance benefits;
- Gifts;
- Interest, dividends, and capital gains; and/or
- Net business profits in the event of self-employment.
To calculate the guideline amount of maintenance in Colorado, courts take 40% of the combined monthly adjusted gross income of the couple, then subtract the monthly gross income of the spouse with the lower income. If the result is a negative number, there is presumptively no maintenance. If the result is positive, that amount is reduced by 20% if the combined monthly gross income of the couple fs $10,000 or less, and reduced by 25% if their combined monthly gross income is between $10,000 and $20,000. The remaining amount is the guideline amount of maintenance. Please note that the guidelines do not apply if the spouses earn a combined monthly adjusted gross income of more than $20,000.
Below is an example of spousal maintenance calculation:
- Fred and Wilma got divorced in 2023.
- Fred’s monthly gross income is $1,500, and Wilma’s is $7,500.
- Their combined monthly gross income is $9,000.
- 40% of $9,000 is $3,600.
- $3,600 minus the lower income (Fred’s income: $1,500) is $2,100.
- Because their combined monthly gross income is under $10,000, we reduce $2,100 by 20%.
- 20% of $2,100 is $420.
- $2,100 minus $420 is $1,680.
- The guideline amount of maintenance is Wilma paying Fred $1,680 per month.
What Is the Duration of Maintenance?
The duration of spousal maintenance largely depends on the marriage's length. Payments may last only a few months or continue indefinitely.
The guidelines in C.R.S. § 14-10-114 do not establish a presumption of maintenance for marriages shorter than 36 whole months (3 years). Beginning with marriages lasting 36 months, the guidelines presume 11 months of maintenance, with the term of maintenance increasing as the duration of the marriage increases. Starting at 150 months of marriage (12.5 years), the guideline term of maintenance is half the length of the marriage. When a marriage exceeds 20 years, the court can award maintenance for an indefinite period.
What Factors Affect the Amount and Term of Maintenance?
While the guidelines provide a general idea of the amount and term of maintenance that may be awarded, they are only guidelines. The courts can consider additional factors that may cause the maintenance award to deviate from the guidelines.
Some additional factors that courts may consider include:
- Financial resources of recipient spouse;
- Ability of recipient spouse to independently meet their own needs;
- Financial resources of paying spouse;
- Ability of paying spouse to meet their own needs while paying maintenance;
- Standard of living established during the marriage;
- Distribution of marital property;
- Earning and employment history of each spouse;
- Duration of marriage;
- Age and health of each spouse;
- Economic and noneconomic contributions of each spouse to the marriage.
Why Professional Legal Support is Critical in Maintenance Cases
Divorce is a stressful and emotional process. Having a knowledgeable attorney to help navigate the legal complexities, lighten the load, and ensure that any maintenance award or agreement is legally appropriate can make a huge difference.
Call (720) 463-2232 to schedule a consultation with one of our experienced family law attorneys at Solutions Based Family Law. We serve Centennial and the surrounding areas.