Denver Alimony Attorney

Over 15 Years Advocating for Spousal Rights in Denver, CO

At Curtis Law Firm, we understand the important role spousal maintenance can play in your divorce. With more than 15 years of legal experience serving the Denver metro area, our team advocates for clients on both sides of these proceedings, whether you plan to request support or expect to be the one paying it.

In Colorado, the law refers to alimony as spousal maintenance. Its goal is to address financial gaps between spouses so both can adjust to post-divorce life. Judges don’t grant maintenance based on marital fault. Instead, they evaluate each spouse’s specific financial situation. We represent clients across Denver, Jefferson, Douglas, Arapahoe, and Adams counties.

Contact Curtis Law Firm today at (720) 408-7726 to schedule a consultation and discuss your spousal maintenance options in Denver, CO.

Types of Spousal Maintenance in Colorado

Colorado family courts can award several forms of spousal maintenance depending on your circumstances. Understanding which type applies to your situation is essential to evaluating your options.

Types of Alimony in Colorado

Temporary spousal support, also called pendente lite support, runs during the divorce proceeding and ends when the divorce is finalized.

Rehabilitative maintenance is the most common form and is awarded as part of the final orders. It gives the lower-earning spouse time to re-enter the workforce and become financially independent within a defined timeframe. Although it is included in the Permanent Final Orders or Agreement, it doesn’t necessarily mean payments for life.

Permanent maintenance is rare in Colorado and is generally reserved for cases where a spouse can’t become self-supporting due to advanced age, serious health conditions, or disability.

Reimbursement support may be available when one spouse funded the other’s tuition or professional training during the marriage.

What Factors Does a Judge Consider for Alimony in Denver, Colorado?

Maintenance is never awarded automatically. One spouse must request it, and a Denver family court can only award it after completing the distribution of the marital estate.

Common factors a judge considers when assessing alimony eligibility include:

• Gross income and other financial resources of each spouse
• Lifestyle during the marriage and ability to maintain it after divorce
• Length of the marriage
• Employability of the spouse seeking maintenance, including education or retraining needs
• Age and health of both spouses
• Child custody arrangements

No single factor controls the outcome. Every case is evaluated on its own facts.

Understanding the Alimony Process in Colorado

Here’s a brief overview of the typical spousal maintenance process in Colorado:

1. Initial Consultation: Schedule a consultation with one of our attorneys to discuss your situation and what documentation you’ll need.
2. Documentation: Gather financial records, including income statements, tax returns, and evidence of expenses that will support your case.
3. Negotiation: Our legal team works to reach a fair maintenance agreement, aiming to resolve the matter without court involvement when possible.
4. Court Hearing: If negotiations don’t produce an agreement, we represent you before the judge.
5. Final Judgment: Once the court issues its decision, we guide you through the next steps.

How Colorado Courts Calculate Spousal Maintenance

Colorado’s advisory maintenance guidelines under C.R.S. § 14-10-114 apply when the marriage lasted at least three years and the parties’ combined annual adjusted gross income is $240,000 or less. Within that threshold, the guideline formula calculates the award as 40% of the higher-earning spouse’s monthly adjusted gross income minus 50% of the lower-earning spouse’s monthly adjusted gross income. If the result is negative, the guideline amount is zero. The guideline duration table applies to final maintenance orders. For temporary support, the court sets the term independently based on the circumstances of the case.

When combined annual adjusted gross income exceeds $240,000, the formula doesn’t apply. The court then exercises full discretion under the statutory factors at C.R.S. § 14-10-114(3)(c), weighing income disparity, the standard of living during the marriage, and each spouse’s earning capacity, among other considerations. For maintenance orders entered after December 31, 2018, the award is neither deductible for the payor nor taxable income for the recipient under federal law, and the advisory formula reflects that adjustment.

For rehabilitative and permanent maintenance, Colorado statutory law provides duration guidelines based on the length of the marriage. In the rare case of reimbursement support, the amount depends on what the requesting spouse specifically seeks. The advisory guidelines aren’t a guarantee: courts retain discretion to deviate when the facts warrant.