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 — then adjusted by a multiplier based on combined 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. 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 formula was designed to give both sides a common starting point so that couples with similar finances end up with similar ballpark numbers, regardless of which courthouse they're standing in.
Colorado is one of a small number of states that still recognizes common law marriage — meaning a couple can be legally married without ever having a ceremony or license. To qualify, the couple must have agreed to be married, lived together, and held themselves out to others as married (sharing a last name, filing joint taxes, referring to each other as spouses).
Why does this matter here? Because if your common law marriage is recognized by a Colorado court, the spousal maintenance rules apply in exactly the same way as a formal marriage. The length of the relationship counts toward the formula's duration table. Courts have awarded maintenance in common law marriages that lasted a decade or more.
If your relationship ended without a formal divorce — and you believe a common law marriage existed — a Colorado family law attorney can advise whether your situation qualifies. This isn't a determination to make on your own.
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). This includes recognized common law marriages.
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 calculation to start from.
The formula has two parts: a base amount and a multiplier that adjusts for the fact that maintenance is no longer tax-deductible (more on that in the tax section below).
The cap in Step 4 makes sure the lower earner's total income (their own earnings plus maintenance) doesn't exceed 40% of the combined income. In most cases, the base amount from Step 3 is the binding number.
The multiplier in Step 5 exists because of a 2018 federal tax law change. Maintenance is no longer tax-deductible for the payor, so Colorado built a downward adjustment into the formula to account for the higher after-tax cost. If the multiplier weren't there, the formula would effectively overcharge the payor compared to the pre-2018 regime.
"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: Base = $3,200 − $1,250 = $1,950
Step 4 (cap): 40% × $10,500 − $2,500 = $4,200 − $2,500 = $1,700. Lesser of $1,950 and $1,700 = $1,700.
Step 5 (multiplier): Combined income is $10,500/month, which falls in the $10,001–$20,000 band → multiply by 0.75: $1,700 × 0.75 = $1,275
Advisory monthly maintenance: ~$1,275/month.
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 a percentage of the length of the marriage in months. That percentage starts at 31% for a 3-year marriage and rises gradually to a cap of 50% at 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 support may be considered. Learn more about how long alimony typically lasts across different states and situations.
| 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 consider extended or indefinite support |
These are advisory durations from the official Colorado court guidelines. Courts can 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 multiplier of approximately 41%, producing a guideline term of ~39 months.
Combined with the $1,275/month amount from the worked example above: the advisory maintenance estimate would be $1,275/month for approximately 39 months (~3.25 years).
Hypothetical only. Courts may award more or less based on 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 the 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). Here's what those factors are, in plain English:
1. Financial resources of each spouse — including property received in the divorce settlement and whether either spouse has enough to meet their reasonable needs.
2. Each spouse's income and earning potential — not just current income, but what each spouse could realistically earn based on education, skills, and work history.
3. Historical income during the marriage — the earnings pattern of both spouses over the course of the marriage, not just a snapshot at the time of divorce.
4. Income from marital and separate property — investment income, rental income, or distributions from any property, regardless of how it's classified.
5. Length of the marriage — longer marriages generally produce stronger maintenance claims.
6. Standard of living during the marriage — courts consider what lifestyle the couple maintained together, though this is one factor among many.
7. Each spouse's age and health — physical or emotional limitations that affect earning capacity matter significantly here.
8. Reasonable financial needs — what each spouse actually needs to cover their expenses.
9. Time and expense needed for education or training — if one spouse needs to go back to school or get certified to become financially self-supporting, courts consider how long that takes and what it costs.
10. Career sacrifices — if one spouse stepped back from work or career development to raise children or support the other spouse's career, that matters. Colorado courts give this real weight. A long career gap can meaningfully increase both the amount and the duration of a maintenance award.
11. Contributions to the household — homemaking, child-rearing, and emotional support count as contributions alongside financial ones.
12. Temporary maintenance already paid — any support paid during the divorce proceedings may factor into what's ordered at the end.
13. Reduced earning capacity — if one spouse's income potential dropped because they were out of the workforce during the marriage, courts consider how long it may take to rebuild.
14. Tax consequences — the court may consider the overall tax picture for both spouses, though the TCJA change has already been partially addressed by the formula multiplier.
15. Property division — how assets and debts were divided in the settlement, and whether the receiving spouse has property that generates income.
16. Any other relevant factors — courts have discretion to consider anything they find equitable and relevant.
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 sometimes 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 — including the marital standard of living, business interests, and asset distribution.
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, applied to gross income at the time of the hearing.
Temporary maintenance ends when the divorce is finalized and is 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 ends 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 — but it's not automatic. They'd need to file a motion and demonstrate that the cohabitation represents a substantial financial change in the recipient's circumstances.
Either party may also seek modification if there's been a substantial and continuing change in circumstances. Common triggers include a significant income change, a serious health event, or the completion of a degree program that was the basis for the original award. Courts are skeptical of voluntary income reductions — stepping down to a lower-paying job or taking early retirement won't automatically reduce an obligation.
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 counts as taxable income for the recipient — regardless of state.
This tax change made maintenance more expensive for the payor on an after-tax basis. Colorado addressed this directly by building the 0.75 and 0.80 multipliers into the advisory formula. Even so, the tax picture in a divorce can be complicated. Our guide on divorce and taxes covers what else changes in the year your divorce finalizes.