Alimony (spousal support) in Colorado is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in Colorado, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding Colorado’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against Colorado family law statutes as of May 2026.
In This Colorado Alimony Guide:
Types of Alimony in Colorado
Colorado courts may award the following types of alimony:
- Temporary maintenance (during divorce proceedings); Rehabilitative maintenance (short-term support to gain education
- training
- or work experience for financial independence — most commonly awarded type); Durational/fixed-term maintenance (for a set period based on advisory duration guidelines); Indefinite maintenance (typically for marriages exceeding 20 years or when spouse cannot become self-sufficient due to age
- disability
- or chronic health conditions — continues until death
- remarriage
- or court modification); Reimbursement maintenance (compensation for a spouse who financially supported the other’s education
- training
- or career advancement); Contractual maintenance (agreed upon by parties in a separation agreement rather than court-ordered). Note: Colorado uses the legal term “maintenance” rather than “alimony.”
How Colorado Calculates Alimony
Colorado uses a guideline formula for calculating alimony: Colorado uses advisory (not presumptive) guidelines under C.R.S. 14-10-114 when combined annual adjusted gross income is 240000 or less and the marriage lasted at least 3 years (36 months). Amount formula: 40% of the higher earner’s monthly adjusted gross income minus 50% of the lower earner’s monthly adjusted gross income, then multiplied by 80% if combined monthly income is 10000 or below, or 75% if combined monthly income exceeds 10000. The combined maintenance plus the lower earner’s income cannot exceed 40% of the parties’ combined monthly adjusted gross income. Duration formula: for marriages of 36 to 240 months (3 to 20 years), the advisory term starts at 31% of the months of marriage for a 36-month marriage and increases by 0.165% for each additional month of marriage, capping at 50% for marriages of 150 months (12.5 years) or longer. For marriages exceeding 20 years (240 months), the court may award maintenance for a specified term or for an indefinite term. For incomes above 240000, the court uses judicial discretion and the statutory factors without the formula. The formula was adjusted by HB18-1385 (effective August 8, 2018) to account for the elimination of the federal tax deduction under the Tax Cuts and Jobs Act — the income cap was reduced from 360000 to 240000, and the 75%/80% multipliers were added.
Colorado courts consider these factors when determining alimony:
- Under C.R.S. 14-10-114(3)(c)
- the court considers all relevant factors including but not limited to: (I) Financial resources of the recipient spouse
- including actual or potential income from separate or marital property or any other source
- and ability to meet needs independently; (II) Financial resources of the payor spouse
- including actual or potential income from separate or marital property or any other source
- and ability to meet reasonable needs while paying maintenance; (III) The lifestyle or standard of living established during the marriage; (IV) The distribution of marital property
- including whether additional marital property may be awarded to reduce or alleviate the need for maintenance; (V) Both parties’ income
- employment
- and employability obtainable through reasonable diligence and additional training or education
- and any necessary reduction in employment due to needs of an unemancipated child; (VI) Whether one party has historically earned higher or lower income than the income reflected at the time of permanent orders and the duration and consistency of income from overtime or secondary employment; (VII) The duration of the marriage; (VIII) The amount of temporary maintenance and the number of months temporary maintenance was paid to the recipient spouse; (IX) The age and health of the parties
- including consideration of significant health-care needs or uninsured or unreimbursed health-care expenses; (X) Significant economic or noneconomic contribution to the marriage or to the economic
- educational
- or occupational advancement of a party
- including completing education or job training
- payment of the other spouse’s separate debts
- or enhancement of the other spouse’s property; (XI) Whether circumstances at the time of permanent orders warrant a nominal amount of maintenance to preserve a future claim; (XII) Whether the maintenance is deductible for federal income tax purposes by the payor and taxable to the recipient
- and any adjustments to equitably allocate the tax burden; (XIII) Reasonable financial need as established during the marriage; (XIV) Any other factor the court deems relevant. Additionally
- effective August 6
- 2025 under SB25-116
- whether a spouse has engaged in domestic violence
- coercive control
- economic abuse
- litigation abuse
- emotional abuse
- physical abuse
- or unlawful sexual behavior against the other spouse (added as the 16th statutory factor).
Income disparity: YES. Under C.R.S. 14-10-114(3)(a), the court must find that the spouse seeking maintenance (1) lacks sufficient property, including marital property apportioned to that spouse, to provide for reasonable needs, AND (2) is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it inappropriate to require the spouse to seek employment outside the home. Both threshold findings must be met before any maintenance award.
Vocational evaluation: YES. Colorado courts regularly use vocational evaluations to assess a spouse’s earning capacity. Vocational experts evaluate work history, education, skills, aptitudes (through standardized testing), and current labor market conditions to determine what a spouse could reasonably earn. Courts may also impute income based on vocational evaluation findings if a spouse is deemed voluntarily underemployed or unemployed. The evaluation process typically involves document review, comprehensive interviews, standardized testing, labor market analysis, report preparation, and potentially expert testimony.
Colorado Alimony Duration Guidelines
YES. Colorado has advisory duration guidelines based on length of marriage. For marriages of 3 to 20 years, the advisory term is a percentage of the months of marriage: starting at 31% for a 36-month marriage and increasing by 0.165% per additional month, capping at 50% for marriages of 150 months (12.5 years) or longer. Examples: 3-year marriage = approximately 11 months; 5-year marriage = approximately 21 months; 10-year marriage = approximately 48 months (4 years); 15-year marriage = approximately 81 months (6.75 years); 20-year marriage = approximately 120 months (10 years). For marriages exceeding 20 years, the court may award maintenance for a specified term or for an indefinite term with no statutory maximum.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under Under 3 years (36 months). The advisory guidelines do not apply to marriages shorter than 3 years. Maintenance may still be awarded for marriages under 3 years at the court’s discretion based on the statutory factors, but no formula or duration guideline applies.) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (20 years (240 months). For marriages exceeding 20 years, the court may award maintenance for a specified term of years or for an indefinite term, with the advisory duration being a minimum of 10 years (120 months) but no maximum cap.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES. Colorado does not use the term “permanent” but allows indefinite maintenance for marriages exceeding 20 years, or when a spouse cannot become self-sufficient due to age, disability, or chronic health conditions. Indefinite maintenance continues until death of either party, remarriage of the recipient, or court modification.
Modifying & Terminating Colorado Alimony
Modification: YES. Maintenance may be modified if the order was not designated as non-modifiable in the parties’ separation agreement. The party seeking modification must demonstrate changed circumstances so substantial and continuing as to make the existing terms unfair. Modification can only be retroactive to the date the motion to modify is filed. Common grounds include significant income changes, job loss, disability, or retirement of the payor. A payor who retires at or after full Social Security retirement age receives a rebuttable presumption that the retirement is in good faith, which constitutes changed circumstances warranting modification review.
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Cohabitation: Cohabitation by the recipient spouse does NOT automatically terminate maintenance in Colorado. Unlike remarriage, there is no automatic termination. The payor must file a motion and demonstrate that the recipient’s financial situation has significantly improved because of the cohabitation, or that the recipient has entered into a common law marriage (which Colorado recognizes). Cohabitation alone, without proof of changed financial circumstances, is not sufficient grounds to modify or terminate maintenance.
Remarriage: Remarriage of the recipient spouse automatically terminates maintenance under Colorado law. Entering into a civil union also terminates maintenance. However, parties may contractually agree in their separation agreement that maintenance survives remarriage (rare, typically in cases where maintenance was awarded to reimburse one spouse for supporting the other’s education). Death of either party also terminates maintenance unless the agreement states otherwise.
Retirement: A payor spouse whose income is reduced or terminated due to retirement after reaching full retirement age receives a rebuttable presumption that the retirement is in good faith under C.R.S. 14-10-114. Full retirement age means the payor’s usual or ordinary age for full United States Social Security benefits, regardless of whether the payor is actually eligible for Social Security. The court examines all circumstances surrounding the retirement decision, including whether the employer forced retirement, whether health triggered the need, and how close the retiring party is to full retirement age. A party is not deemed voluntarily underemployed or unemployed if the decision to retire is a good-faith career choice and was objectively reasonable based on factors such as age, health, and industry practice. Early retirement before full retirement age can still support modification but does not receive the presumption.
Tax Implications of Colorado Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all Colorado divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on Colorado Alimony
Adultery: Adultery does NOT affect alimony awards in Colorado. Colorado is a no-fault divorce state. C.R.S. 14-10-114(2) explicitly states that an award of maintenance “shall be made without regard to marital misconduct.” An affair will not bar an adulterous spouse from receiving maintenance, nor will it increase or reduce a maintenance award. The only narrow exception is if the adultery involved financial misconduct that depleted marital assets (for example, spending joint funds on lavish gifts for a paramour), in which case the court may consider the financial impact, not the adultery itself.
Other marital misconduct: Generally NO impact. Colorado is a no-fault state and C.R.S. 14-10-114(2) states maintenance shall be awarded without regard to marital misconduct. However, effective August 6, 2025 under SB25-116, domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, physical abuse, or unlawful sexual behavior against the other spouse is now a statutory factor courts must consider. This was added to prevent abusers from receiving maintenance funded by their victims. The law also extended the disclosure window for protective or restraining orders from 2 years to 5 years prior to filing. Financial misconduct that depleted marital assets may also be considered indirectly through the property distribution factors.
Additional Colorado rules: Colorado uses the term “maintenance” not “alimony” in all statutes and court proceedings. The advisory guidelines are explicitly non-presumptive — they do not create a presumption that maintenance will be ordered, or the amount or duration of any award. The court retains full discretion to deviate from the guidelines based on the totality of circumstances. Colorado recognizes common law marriage, and establishing a common law marriage during cohabitation can serve as grounds for termination. Nominal maintenance (a very small amount like 1 dollar per year) may be awarded to preserve a future claim of maintenance when current circumstances do not warrant a substantive award but future need is foreseeable. SB25-116 (effective August 6, 2025) was a significant reform adding domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, physical abuse, and unlawful sexual behavior as statutory factors and extending the protective order disclosure window from 2 to 5 years. For high-income cases above 240000 combined annual income, there is no formula — the court applies pure judicial discretion using the statutory factors. Colorado also allows contractual maintenance agreed upon in separation agreements which may be designated as non-modifiable by the parties.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- Colorado Alimony Statute: C.R.S. 14-10-114 (Colorado Revised Statutes, Title 14, Article 10, Section 114 — Spousal maintenance — advisory guidelines — legislative declaration — definitions). As amended by HB18-1385 (effective August 8, 2018, adjusting for TCJA tax changes) and SB25-116 (effective August 6, 2025, adding domestic violence as a statutory factor).
Last verified May 2026. Contact us if you notice outdated information.