Can I Get Maintenance?

Many people are familiar with the term “alimony,” which is support paid from one spouse to the other after divorce. Colorado uses the term “maintenance” instead of alimony.

When one spouse requests maintenance, the court will evaluate the following factors to determine whether to award maintenance:

1. Each party’s gross income;

2. The marital property awarded to each spouse;

3. The financial resources of each spouse;

4. The lifestyle during the marriage;

5. Duration of the marriage;

6. Age and health of the parties; and

7. Significant economic or non-economic contribution to the marriage or to the economic, educational, or occupational advancement of the other spouse.

A court can only award maintenance of the spouse seeking maintenance lacks sufficient property to provide for his or her own needs through employment. If a spouse is unemployed or underemployed, the court can impute income to that spouse when calculating maintenance. The court can also award more marital property instead of maintenance.

Colorado’s maintenance statute contains guidelines for the amount and duration of maintenance, based on the length of time the parties were married. Although the guidelines do not create a presumption for an award, they are good basis for negotiations or arguments to the court. The guidelines calculate maintenance for marriages between three and 20 years.

Whether you are seeking maintenance from your spouse, or concerned about having to pay maintenance to your spouse, Katelyn can help you plan for your financial wellbeing both during and after divorce.