Determining Spousal Eligibility for Alimony in Colorado

Many individuals feel unsettled about whether they qualify for support after a marriage ends. We understand that spousal maintenance, often called alimony, can be a source of confusion and strain on families in transition.

At Jackman Law Firm, we have stood by clients since 2014, guiding them through family law matters with a compassionate touch. Let’s explore how spousal maintenance eligibility is decided in Colorado and what to expect along the way.

Spousal Maintenance: A Colorado Overview

In Colorado, the term “spousal maintenance” refers to court-ordered monetary support paid by one spouse to the other following a divorce. It shares the same meaning as “alimony” or “spousal support,” but the legal terminology in this state is “maintenance.” The court examines each couple’s circumstances to decide if a payment arrangement is warranted.

No spouse is automatically entitled to maintenance. Instead, courts weigh factors such as income disparity and the requesting spouse’s ability to cover basic needs before granting support. This means that even long-term marriages might not result in maintenance unless the statutory elements are met.

Initial Considerations: Threshold for Spousal Maintenance

Colorado judges first determine if spousal maintenance is necessary at all. This threshold inquiry is crucial because the court will not move on to calculating a payment amount unless the requesting spouse shows a genuine need. The spouse asking for maintenance must demonstrate a lack of sufficient property (including marital assets) to meet reasonable living expenses.

In addition, the requesting spouse must show an inability to support themselves through suitable employment. If, for example, a person has a limited work history or has been a homemaker for many years, the court may find they need time and resources to become self-supporting. Property division also occurs before maintenance decisions, so the court can see how each spouse’s finances look once assets and debts are allocated.

Key Factors Influencing Spousal Maintenance Eligibility

Several elements guide a judge toward deciding whether maintenance is necessary. Let’s take a closer look at how these considerations shape a court’s final ruling.

Financial Resources and Income

The court reviews the income, potential earnings, and available assets of both spouses. If one spouse holds considerably higher earnings, that difference can point toward a maintenance award. Judges examine factors like current wages, career options, and any viable financial resources the parties may hold.

Spousal maintenance aims to minimize situations in which one spouse shoulders an outsized economic burden post-divorce. Courts typically assess the household budget before and after separation, making sure the figures reflect real-world needs, not inflated or minimized earning claims.

Length of the Marriage

Longer marriages tend to build financial reliance between spouses. For example, if one spouse withdrew from the workforce to care for children or support the other partner’s career, the court sees that history as evidence of a tighter financial bond. Shorter marriages typically result in fewer years of maintenance, if granted at all.

A judge looks at how entwined each spouse’s finances were, especially if one spouse was dependent on the other for day-to-day expenses. This dynamic can significantly affect the final maintenance order.

Contribution to the Marriage

Both financial and non-financial contributions matter. One spouse might have stayed home to raise kids, manage the household, or provide stability while the other spouse pursued career goals. Though unpaid, these efforts tangibly assist the marriage and can influence maintenance decisions.

Courts appreciate how time spent caregiving or promoting a spouse’s professional advancement often limits wage-earning opportunities for the supporting partner. Maintenance can help rebalance that lost earning capacity.

Ability to Self-Support

The court reviews the requesting spouse’s prospects for earning a reasonable income without ongoing assistance. This might include job skills, education, and potential for retraining or certification. If the spouse needs additional time to secure or upgrade credentials, the court may deem maintenance appropriate.

Judges also weigh how long it may take for the spouse to stand on their own financially. A short-term award might be appropriate, giving that spouse breathing room while they develop or refresh professional skills.

Age and Health

Older spouses or those with health issues can have a tougher time reentering the workforce, especially if they spent years out of a paid position. Courts consider any medical limitations that hinder a person’s chance to earn income.

When serious health factors stand in the way of gainful employment, the likelihood of an alimony award increases. The court may also verify any ongoing medical costs that need coverage during the divorce settlement.

Standard of Living During the Marriage

Spouses often establish a lifestyle based on their combined resources. When the marital unit dissolves, one spouse might face a sharp drop in quality of life. Maintenance is intended to reduce the economic gap—not maintain extravagant spending, but limit sudden financial shocks.

A judge assesses the family’s pre-divorce standard of living to see whether the dependent spouse will face undue hardship. Maintenance does not aim for luxury; rather, it aims to provide a fair level of stability for both parties.

Colorado’s Spousal Maintenance Formula

Colorado law provides a guideline formula for couples whose combined annual adjusted gross income totals up to $240,000. Though not entirely rigid, these calculations give the court a starting point:

• The court takes 40% of both spouses’ combined adjusted gross incomes.
• It subtracts the lower earner’s adjusted gross income from that number.
• The result may be adjusted to 80% or 75% of the initial figure based on the household’s monthly income range.

For example, let’s say the spouses have a combined monthly adjusted gross income of $10,000, with the lower earner making $4,000. Forty percent of the total ($10,000 x 0.40) is $4,000. Subtracting $4,000 (the lower earner’s income) yields $0, so the formula suggests no maintenance. If the figure had been positive, the court would then apply an appropriate percentage based on statutory guidelines.

When spouses exceed $240,000 annually, the formula no longer applies, and the court uses broader discretion. In those cases, judges carefully review the couple’s earnings, any assets, and each spouse’s potential to earn in the future.

Circumstances That Can Modify or Terminate Spousal Maintenance

Maintenance orders may be adjusted or ended if a spouse’s financial situation changes enough to make the present order unfair. A career setback, medical event, or a strong earnings boost can prompt a spouse to seek modifications. Judges expect the change to be ongoing, not a short-term fluctuation.

Sometimes, an increase or reduction in earnings is large enough to warrant a new maintenance evaluation. Either spouse can request that the existing order be modified, and the court will weigh the merits of the request. Typically, maintenance ends when either spouse dies, when the recipient remarries, or when the court-established term runs out.

How Jackman Law Firm Can Assist You

Since 2014, Jackman Law Firm has handled family law cases with devoted attention. We aim for resolutions that protect your interests and reflect your commitments during the marriage. If you believe spousal maintenance may be part of your divorce outcome, we encourage you to reach out for a consultation.

You can call us at 234-555-5555 or visit our Contact Us page to schedule a consultation. We will stay by your side and pursue fair outcomes aligned with your concerns. Our priority is to safeguard your rights in spousal maintenance proceedings and every other chapter of your family law case.