Colorado is one of the few states that gives you an actual formula for spousal support — not just a list of factors a judge might weigh. If your combined income falls below a certain threshold and your marriage lasted at least three years, a court will typically start with the formula before deciding whether to adjust it.
The short answer: Colorado's advisory formula produces a monthly amount equal to 40% of the higher earner's gross monthly income minus 50% of the lower earner's gross monthly income. Duration is set by a separate table tied to the length of the marriage.
There's a catch: the guidelines are advisory, not mandatory. A judge can deviate — up or down — based on 16 statutory factors. But in most cases, the formula is the starting point.
Most people search for "Colorado alimony." Colorado law uses the word spousal maintenance. The concept is the same: money paid by one spouse to the other after divorce to help with living expenses. But if you see "maintenance" in court documents, that's what it means.
Colorado overhauled its spousal maintenance law in 2014 to create a more predictable, formula-based system. Before 2014, there were no statewide guidelines — judges had wide-open discretion and outcomes varied significantly by county.
The advisory guidelines under C.R.S. § 14-10-114 apply when two conditions are both true:
Marriage length: You were married for at least 3 years (36 months).
Combined income: Your combined annual gross income is $240,000 or less.
If your combined income exceeds $240,000, or your marriage was shorter than 3 years, there's no formula — the court uses the 16 statutory factors and its own judgment. That doesn't mean maintenance won't be ordered; it means there's no starting-point calculation to work from.
The cap in Step 4 exists so that the recipient spouse never ends up with more than a fair share of the combined income. In practice, C (Step 3) is usually the binding number unless incomes are close together.
One important note: "gross monthly income" means before taxes. It includes salary, bonuses, commissions, self-employment income, rental income, and investment income. It does not include income excluded by the Internal Revenue Code.
Hypothetical: Alex earns $8,000/month gross. Jordan earns $2,500/month gross. Combined: $10,500/month.
Step 1: A = 40% × $8,000 = $3,200
Step 2: B = 50% × $2,500 = $1,250
Step 3: C = $3,200 − $1,250 = $1,950
Step 4: D = (40% × $10,500) − $2,500 = $4,200 − $2,500 = $1,700
Result: The lesser of $1,950 and $1,700 is $1,700/month. The cap applies here.
This is a hypothetical illustration only. Actual outcomes vary based on all circumstances and the court's discretion.
Colorado's guidelines don't just set an amount — they also suggest a duration. The advisory term is calculated as a percentage of the length of the marriage in months. That percentage starts at 31% for a 36-month (3-year) marriage and rises gradually to a cap of 50% at 150 months (12.5 years) and beyond.
For marriages lasting more than 20 years, the guidelines don't set a specific term. Courts have broad discretion, and extended or indefinite maintenance may be considered.
| Marriage length | Advisory duration |
|---|---|
| 3 years (36 months) | ~11 months |
| 4 years (48 months) | ~16 months |
| 5 years (60 months) | ~21 months |
| 7 years (84 months) | ~33 months |
| 10 years (120 months) | ~54 months (4.5 years) |
| 12.5 years (150 months) | 75 months (6.25 years) |
| 15 years (180 months) | 90 months (7.5 years) |
| 20 years (240 months) | 120 months (10 years) |
| Over 20 years | Court discretion — may be extended or indefinite |
These are advisory durations from the official Colorado court guidelines. Courts can and do deviate from them — but this table is where most negotiations start.
Continuing the example above: Alex and Jordan were married for 8 years (96 months).
From the official table, a 96-month marriage has an advisory percentage of 41% and a guideline term of 39 months.
Combined with the $1,700/month amount: the advisory maintenance would be $1,700/month for 39 months (~3.25 years).
Hypothetical only. Courts may award more or less based on the specific circumstances.
Run the Colorado formula yourself — enter both incomes, your marriage length, and get the advisory amount and duration side by side.
Try the Alimony Calculator →Colorado's statute is careful to say these are advisory guidelines. They "do not create any presumption that maintenance will be ordered." A court can award more, less, or nothing — based on the specific facts of your case.
In practice, the advisory formula often becomes the negotiating anchor in settlement talks. Both sides know the formula output, so that number tends to shape what a final agreement looks like — even if it's eventually adjusted.
Whether the court is deciding whether to deviate from the formula — or whether the formula doesn't apply at all — it considers the factors listed in C.R.S. § 14-10-114(3)(c). These include:
The financial resources of each spouse, including property received in the divorce. The actual or potential income produced from separate or marital property. Each spouse's income, employment status, and earning capacity. The historical income of both spouses during the marriage. The length of the marriage. The standard of living established during the marriage. Each spouse's age and physical and emotional condition. Each spouse's reasonable financial needs. The time needed for the lower-earning spouse to gain education or training to become self-supporting. The economic and non-economic contributions each spouse made to the household, including homemaking, child-rearing, and career sacrifices. The amount and duration of any temporary maintenance already paid. Whether one spouse's earning capacity was reduced because of time out of the workforce. Tax consequences to each spouse. The marital property distribution. Any other relevant factors the court finds equitable.
When combined annual gross income exceeds $240,000, the formula doesn't apply. There's no statewide calculation to start from. Courts in these cases weigh the 16 statutory factors directly and have wide latitude in setting both the amount and the duration.
In practice, attorneys in high-income Colorado divorces often use the formula as an informal reference point, even though it isn't binding. But outcomes vary significantly based on the judge, the county, and the specific financial picture.
While a divorce is pending — before the final decree — a spouse may ask for temporary maintenance (sometimes called "pendente lite" support). Colorado courts use the same formula and advisory duration table as a reference for temporary orders, but they apply it to gross income at the time of the hearing.
Temporary maintenance ends when the divorce is finalized and replaced by whatever the final decree orders. Any months of temporary maintenance already paid may or may not be credited against the final award — it depends on the agreement or the judge's decision.
Colorado maintenance typically terminates on the death of either party or the remarriage of the recipient. Cohabitation with a new partner may be a basis for the payor to request modification or termination, though it's not automatic — they'd need to file a motion and demonstrate a substantial financial change.
Either party may also seek modification if there's been a substantial and continuing change in circumstances — such as a significant income change, a health event, or the completion of a degree program that was the basis for the original award.
For divorces finalized after December 31, 2018, the Tax Cuts and Jobs Act changed the federal tax treatment of maintenance nationally. Maintenance is no longer deductible for the payor and no longer included in the recipient's taxable income — regardless of what state you're in.
This tax change effectively made maintenance more expensive for the payor. Courts are aware of this. In some cases, it may influence how the parties negotiate, since the after-tax value of maintenance is lower than it was under the old rules.