Colorado Alimony Calculator: How Spousal Maintenance Is Calculated

Colorado uses an advisory guideline formula to calculate spousal maintenance (the state's legal term for alimony). The formula applies when the couple's combined annual adjusted gross income is $240,000 or less and the marriage lasted at least three years. Here's exactly how it works.

The Statutory Maintenance Formula

The gross monthly maintenance amount is calculated as:

Maintenance = (40% x higher earner's monthly income) - (50% x lower earner's monthly income)

For example, if Spouse A earns $8,000/month and Spouse B earns $3,000/month:

• 40% x $8,000 = $3,200
• 50% x $3,000 = $1,500
• Gross maintenance = $3,200 - $1,500 = $1,700/month

There's a built-in cap: the receiving spouse's total income (their own earnings plus maintenance) cannot exceed 40% of the couple's combined monthly gross income. In this example, combined income is $11,000/month. 40% of that is $4,400. Spouse B's income ($3,000) plus proposed maintenance ($1,700) equals $4,700 — which exceeds the cap. So the court would reduce the payment to $1,400/month ($4,400 - $3,000).

Tax Adjustment

For marriages executed after December 31, 2018, maintenance payments are tax-free to the recipient and non-deductible for the payer. To account for this, the gross amount gets a tax adjustment:

• Combined income under $120,000/year: multiply gross maintenance by 80% (0.80)
• Combined income $120,001–$240,000/year: multiply gross maintenance by 75% (0.75)

Using the example above ($11,000/month = $132,000/year), the adjusted maintenance would be $1,400 x 0.75 = $1,050/month.

Duration Guidelines

Colorado's duration guidelines are based on the length of the marriage:

For a 12-year marriage, the guideline duration would be 40% x 12 years = 4.8 years (approximately 58 months).

These are advisory guidelines — the judge has discretion to deviate based on the specific circumstances of the case.

When the Formula Doesn't Apply

The advisory formula does not apply when:

• Combined income exceeds $240,000/year — The court must evaluate statutory factors individually (marital standard of living, each party's financial resources, age, health, and earning capacity)
• Marriage lasted less than 3 years — Maintenance is rarely awarded for short marriages unless there are exceptional circumstances
• Both spouses have similar incomes — The formula can produce a negative number, meaning no maintenance is owed

Even when the formula does apply, it's advisory — not mandatory. A judge can deviate from the guideline amount or duration based on factors like:

• The marital standard of living
• Each spouse's age and health
• The distribution of marital property
• Whether either spouse sacrificed career development during the marriage (e.g., staying home with children)
• Each spouse's income, employment potential, and educational background

Temporary vs. Permanent Maintenance

Temporary maintenance can be ordered while the divorce is pending. Either spouse can request it at a temporary orders hearing early in the case. The same formula applies, but the court has more flexibility to adjust based on immediate needs.

Permanent maintenance (technically "post-decree maintenance") is set in the final decree. "Permanent" doesn't necessarily mean forever — the duration guidelines above control how long it lasts.

Maintenance automatically terminates upon the death of either party or the remarriage of the receiving spouse, unless the decree specifically states otherwise.

Modification After the Decree

Either party can request a modification of maintenance if there's a continuing, substantial, and material change in circumstances — such as job loss, disability, retirement, or a significant change in income. The filing fee for a post-decree modification motion is $105.

Run the Numbers Before Filing

Understanding how maintenance might apply to your situation is critical for negotiating a fair separation agreement. The Colorado Divorce Filing Process Guide includes a spousal maintenance calculator worksheet that walks you through the formula step by step, including the tax adjustment and duration calculation.

See more Colorado guides →