Colorado Spousal Maintenance Calculator
This calculator provides an advisory estimate of spousal maintenance (alimony) in Colorado, based on the guidelines outlined in C.R.S. § 14-10-114. These guidelines are typically applied when the parties' combined annual adjusted gross income is $240,000 or less. For higher incomes, courts have more discretion.
Understanding Colorado Spousal Maintenance
Spousal maintenance, often referred to as alimony, is financial support paid by one spouse to the other after a divorce. In Colorado, the determination of maintenance is governed by Colorado Revised Statutes (C.R.S.) § 14-10-114. The primary goal is to provide financial support to a spouse who may be at a disadvantage after the dissolution of marriage, allowing them to become self-supporting.
Advisory Guidelines and Income Threshold
Colorado law provides advisory guidelines for calculating maintenance, which are typically applied when the parties' combined annual adjusted gross income (AGI) is $240,000 or less. If the combined AGI exceeds this amount, the court has greater discretion and may deviate from the guidelines, considering various factors to determine an appropriate amount and duration.
Key Factors in Maintenance Calculation
The advisory guidelines primarily consider two main financial factors:
- Adjusted Gross Income (AGI): The annual AGI of both the higher-earning (payor) and lower-earning (recipient) spouse is crucial. The calculation aims to balance the incomes post-divorce.
- Duration of Marriage: The length of the marriage significantly impacts the recommended duration of maintenance payments. Longer marriages generally result in longer maintenance periods.
The Maintenance Formula
For combined incomes up to $240,000, the advisory guideline for the annual maintenance amount is calculated as follows:
(40% of the parties' combined annual adjusted gross income) - (the lower-earning party's annual adjusted gross income)
However, there's a critical cap: the amount of maintenance, when added to the recipient's AGI, should not result in the recipient having more than 50% of the parties' combined AGI. If the initial calculation exceeds this, the maintenance amount is reduced so the recipient receives exactly 50% of the combined AGI.
Maintenance Duration
The duration of maintenance is also guided by statute, based on a percentage of the length of the marriage. For example, a marriage of 10 years might result in maintenance for 36% of that duration (3.6 years). For marriages of 20 years or more, the duration is often 50% or left to the court's discretion, potentially leading to indefinite maintenance.
Important Disclaimer
This calculator provides an estimate based on the statutory advisory guidelines. It is not a substitute for legal advice. A court will consider many other factors beyond income and marriage duration, such as the age and health of the parties, the marital standard of living, the financial resources of each party, and any significant economic or non-economic contribution to the marriage. Always consult with a qualified Colorado family law attorney for advice specific to your situation.