The following is a summary of Colorado alimony laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Colorado Code and/or consult with an attorney about how the law might apply to your particular situation.

Alimony Formula.

Colorado uses a specific formula in order to determine an award of maintenance (alimony). When alimony is requested in a temporary order, there is a refutable presumption that it is appropriate from the spouse with the higher income to the spouse with a lower income. When the combined income of the spouses is less than $75,000.00 the court shall use the following formula:

The amount shall be equal to forty percent of the higher income party’s monthly adjusted gross income less fifty percent of the lower income party’s monthly adjusted gross income. If the remainder of such calculation is the number zero or a negative number, the presumption shall be that temporary maintenance shall not be awarded. If the remainder of such calculation is more than zero, that amount shall be the amount of the monthly temporary maintenance.

The court may grant a temporary maintenance order when the parties’ combined annual gross income is more than seventy-five thousand dollars only if it finds that the spouse seeking maintenance lacks sufficient property, including marital property apportioned to him or her, to provide for his or her reasonable needs and is unable to support himself or herself through appropriate employment; or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

-From 14-10-114 of the Colorado Statutes.

Alimony Guidelines.

A temporary maintenance order in those circumstances in which the parties’ combined annual gross income is more than seventy-five thousand dollars shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors including:

  1. The financial resources of the party seeking maintenance, including marital property apportioned to such party, and the party’s ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
  2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party’s future earning capacity;
  3. The standard of living established during the marriage;
  4. The duration of the marriage;
  5. The age and the physical and emotional condition of the spouse seeking maintenance; and
  6. The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.

 

This information has been summarized from the Colorado statutes. You can find the full-text version of these and other Colorado divorce statutes online here: Colorado Divorce Laws.

LEARN MORE ABOUT GENERAL ALIMONY LAWS.

GO TO ANOTHER DIVORCE ARTICLE.

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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