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Disclaimer: This calculator provides an estimate based on Colorado's maintenance guidelines. Actual amounts may vary based on judicial discretion. This tool is for informational purposes only and does not constitute legal advice.
Understanding Colorado Maintenance
Colorado maintenance is financial support paid by one spouse to the other after divorce. The state uses a specific formula: (40% of higher earner's income) - (50% of lower earner's income), capped at 40% of combined income.
Factors Affecting Maintenance
Judges may deviate from the formula based on:
- Financial resources of each party
- Standard of living during marriage
- Age and health of each party
- Earning capacity and employment history
- Contributions as homemaker or parent
Duration Guidelines
Duration based on marriage length:
- ≤3 years: 31% of marriage duration
- 3-10 years: 40% of marriage duration
- 10-20 years: 50% of marriage duration
- 20+ years: May be indefinite
Modification of Maintenance
Orders can be modified for substantial changes in circumstances such as income changes, retirement, remarriage, or disability.
Tax Implications
As of 2019, maintenance payments are not tax-deductible by the payer and not taxable income for the recipient. For divorces before 2019, old tax rules may apply.
Legal Considerations
Maintenance is separate from child support. Cohabitation can affect eligibility. Legal agreements can modify or waive rights. Consult a family law attorney for personalized advice.
