Last Updated on March 28, 2025 by Divorce Matters
In some divorces, one party has a much higher income and capability to bring in money than the other. This may involve one parent who forgoes a job outside the home to take care of the children and then has a hard time finding employment after divorce. That is what spousal maintenance is designed to fix. You may not have ever heard of spousal maintenance, but you’ve probably heard the term alimony before – it’s the same thing. But how do you get alimony from your divorce?
Not every divorcee qualifies for Colorado alimony, which can be temporary or “permanent” depending on the court’s opinion of both divorcees’ needs. We say “permanent” because only rarely is maintenance indefinite; it is seen largely as a way for the lower earner to get back on his or her feet after a divorce, although in some cases permanent alimony can be granted.
How Do You Get Alimony in Colorado?
For spousal maintenance or alimony, the court evaluates multiple factors to determine whether one spouse is entitled to financial support. If you are considering requesting spousal maintenance, here are the key criteria that courts will examine:
1. Length of the Marriage
The duration of the marriage plays a significant role in whether spousal support will be awarded. Generally, longer marriages increase the likelihood that maintenance will be granted. However, even in shorter marriages (three years or less), support may be awarded if there is a substantial financial disparity between spouses – but it is generally more difficult to receive Colorado alimony from a shorter marriage.
2. Financial Need and Income Disparity
The court will assess whether one spouse financially depends on the other. If there is a significant difference in income levels, the lower-earning spouse may qualify for maintenance to ensure they can maintain a similar standard of living post-divorce.
3. Earning Potential and Job Skills
How do you get alimony if you or your spouse has been out of the workforce for an extended period? If you or your spouse were out of work due to raising children or supporting the other spouse’s career, it will be harder to find a job that will support the family without the proper skills or experience needed to find immediate employment. The court will consider:
- The spouse’s education level
- Work history and employability
- Whether additional training or education is required to become self-sufficient
Also, if a spouse is intentionally under employed, experts like vocational counselors are used to determine the true “earning capacity” and will adjust alimony accordingly. There is also the possibility of a change in salary that can affect Colorado alimony amounts for both parties, which you can read more about here.
4. Parental Responsibilities
If one spouse has primary custody of young children, their ability to work full-time may be limited. Courts recognize that caregiving responsibilities can impact earning potential and may grant maintenance to help offset this financial burden.
5. Division of Marital Property
During the divorce, assets such as the family home, investments, and retirement accounts will be divided. If one spouse receives fewer assets or less liquid assets, they may be more likely to qualify for maintenance. The court will ensure that neither spouse is left in an unfair financial situation due to how property is distributed.
6. Standard of Living During the Marriage
Colorado courts aim to ensure that neither spouse experiences a drastic decline in their quality of life following a divorce. While an exact replication of the marital lifestyle may not always be possible, courts strive for fairness in maintaining financial stability.
7. Age and Health of Both Spouses
A spouse’s age and health can impact their ability to work. If a spouse has medical conditions or disabilities that limit employment opportunities, the court may award alimony to provide financial support.
8. Any Other Relevant Factors
The court has broad discretion in determining whether spousal maintenance is appropriate. Other factors, such as a spouse’s financial misconduct (like reckless spending or hiding assets) or agreements made between the spouses, can also influence the decision.
If you are asking yourself “how do you get alimony?” or believe you qualify for alimony, working with an experienced divorce attorney can help you build a strong case. Gathering financial documents, employment records, and evidence of contributions to the marriage will be key in securing a fair outcome.
How is Spousal Maintenance Calculated?
Colorado employs a specific formula for temporary maintenance for couples with a combined income of $75,000 or less. The formula is that the higher earner pays 40 percent of his or her monthly adjusted gross income minus 50 percent of the lower earner’s monthly adjusted gross income. Of course, the formula can be adjusted depending on the couple’s needs, the judge’s opinion and how property is being divided between the spouses.
For couples making more than $75,000, the judge can still award temporary maintenance to the lower earner, and regardless of individual income, the court can grant “permanent” maintenance depending on whether the lower earner is able to work or is receiving less marital property in the settlement.
As for how much spousal support the court is willing to grant, there are several things to consider. Awards of marital property, a couple’s standard of living, the health of the spouses and future earning capacity all factor into spousal support. Divorce Matters® offers a free alimony calculator app to help you get an idea of potential payments.
Modifying or Terminating Spousal Maintenance
Spousal maintenance is not always set in stone. In Colorado, either party can request a modification if there is a substantial and continuing change in financial circumstances. This could include:
- Job loss or a significant decrease in income for the paying spouse
- A substantial increase in the receiving spouse’s income
- Retirement of the paying spouse
- Remarriage or cohabitation of the receiving spouse
- Health issues that impact earning capacity
The court will review the new financial situation and determine whether the maintenance order should be adjusted. If no substantial change is proven, the existing order remains in place.
Additionally, unless otherwise agreed upon in the divorce decree, maintenance typically ends upon remarriage of the receiving spouse or the death of either spouse. Some agreements include a set duration for maintenance payments, while others may allow for ongoing support under specific conditions.
How Do You Get Alimony and Protect Your Financial Future?
Whether you are the spouse seeking maintenance or the one who may have to pay, it is crucial to understand your rights and obligations. A well-negotiated Colorado alimony agreement can provide the necessary financial support for a smoother transition post-divorce while ensuring fairness for both parties.
Steps to Take:
- Gather Financial Documents – Pay stubs, tax returns, and records of shared expenses will help determine the need for maintenance.
- Understand Your Long-Term Goals – Whether you need temporary support to regain financial stability or a more extended arrangement, knowing your financial outlook is key.
- Consult an Experienced Divorce Attorney – A lawyer from Divorce Matters® can help you negotiate fair terms and ensure your rights are protected throughout the process.
Call an Experienced Alimony Lawyer
Understanding spousal maintenance can be complicated, and every case is unique. If you are facing a divorce and need guidance on alimony, working with an experienced alimony lawyer from Divorce Matters® can help you navigate the legal process and protect your financial future.
How do you get alimony in your divorce? The answer is with Divorce Matters®. Contact us today to discuss your case and explore your options.