Alimony/Maintenance in Colorado
The Basics of Spousal Maintenance in Colorado
In Colorado courts, alimony is referred to as maintenance.
Courts can award maintenance if one party has a need for it and the other party has the ability to pay.
The purpose of maintenance is to allow both spouses to maintain the lifestyle enjoyed during the marriage.
Colorado law allows for awards of maintenance that are fair and equitable to both parties without regard to marital misconduct.
There is no presumption that maintenance be awarded. Maintenance is subject to very different calculations than the child support formula.
Spousal Maintenance Calculation in Colorado
If a spouse can prove entitlement to maintenance, suggested tables do exist but they are not strict presumptions. However, the court has discretion to decide the amount. There are income limitations, but the basic award is equal to forty percent of the parties' combined, monthly adjusted gross income minus the lower income party's monthly adjusted gross income. If the calculation results in a negative number, the amount of maintenance is zero.
Starting in 2019, Maintenance Orders Entered in Colorado will no longer be tax deductible
Any maintenance order entered into after December 31, 2018 will not be tax deductible by either party. An order entered into before December 31, 2018 that is modified after that date can maintain tax deductibility.