WHAT HAPPENS IF YOU DIVORCE A DISABLED SPOUSE IN COLORADO?
If you divorce a disabled spouse in Colorado, the case follows the same legal process as any other divorce, but the disability shapes almost every financial issue. It can affect whether maintenance is awarded and for how long, how disability benefits count as income, whether certain awards are divided, and how health coverage and public benefits are protected.
This guide is written for both spouses: the one who has a disability and the one who does not. It explains what Colorado law says and where you will want advice about your own facts.
TABLE OF CONTENTS
- The Divorce Process Does Not Change
- Maintenance When a Spouse Has a Disability
- How Disability Benefits Count as Income
- Dividing Property When Disability Awards Are Involved
- Protecting SSI and Medicaid Eligibility
- Health Insurance After the Divorce
- When a Spouse May Lack Capacity
- Court Accessibility and Accommodations
- Children, Parenting Time and Disability
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
THE DIVORCE PROCESS DOES NOT CHANGE
Colorado is a no-fault state. Under C.R.S. 14-10-106, the only ground is that the marriage is irretrievably broken, one spouse must have been domiciled in Colorado for 91 days before filing, and no decree can enter until at least 91 days after the court acquires jurisdiction over the responding spouse. A disability does not change any of those rules, and it is not a reason a divorce cannot go forward.
Once a petition is filed and served, the automatic temporary injunction in C.R.S. 14-10-107 binds both spouses. Among other things, neither may cancel, modify, terminate or let lapse a health, homeowner's, renter's or auto policy covering either spouse or the children, or a life policy naming them as beneficiary, without at least 14 days' advance notice and the other's written consent or a court order. That protection matters when one spouse depends on the other's health plan.
For the steps from filing to final decree, see our Colorado divorce timeline.
MAINTENANCE WHEN A SPOUSE HAS A DISABILITY
Colorado calls spousal support maintenance, though many people search for it as alimony. Under C.R.S. 14-10-114, the court may award maintenance only if the spouse asking for it lacks sufficient property, including marital property awarded to them, to provide for their reasonable needs, and is unable to support themselves through appropriate employment. A spouse who lacks sufficient property can also meet the test by being the custodian of a child whose condition or circumstances make it inappropriate for that spouse to be required to seek employment outside the home.
Factors That Speak to Disability
In setting the amount and term, the court "shall consider all relevant factors." Several of the listed factors bear directly on a disability:
- The age and health of the parties, including significant health-care needs or uninsured or unreimbursed health-care expenses.
- Both parties' income, employment and employability, obtainable through reasonable diligence and additional training or education, if necessary.
- Each spouse's financial resources, including the recipient's ability to meet their needs independently and the payor's ability to meet their own reasonable needs while paying maintenance.
- The distribution of marital property, including whether additional marital property may be awarded to reduce or alleviate the need for maintenance.
The full list also includes the lifestyle and length of the marriage, one spouse's contributions to the other's education or career, any domestic violence or other listed abuse by a spouse, and any other factor the court considers relevant.
Guidelines, Term and Later Changes
The statute's advisory guidelines apply to marriages of at least three years where combined annual adjusted gross income is not more than $240,000, and they do not create a presumptive amount or term. For a marriage of more than 20 years, the court may award maintenance for a specified term or an indefinite term. There is no automatic "permanent" award because of a disability; the court weighs the factors and makes findings.
Health can change after the decree. Under C.R.S. 14-10-122, maintenance can be modified, for payments after a motion is filed, only on a showing of changed circumstances so substantial and continuing as to make the terms unfair. Unless the parties agree otherwise in writing or the decree provides otherwise, maintenance ends on the death of either party, the end of its term, or the recipient's remarriage or civil union.
For the formula and more detail, see our guide to alimony in Colorado. If a decree is already in place, our post-decree modifications page explains how changes are requested.
HOW DISABILITY BENEFITS COUNT AS INCOME
Colorado defines gross income for maintenance in C.R.S. 14-10-114(8)(c) and for child support in C.R.S. 14-10-115(5)(a). Both definitions start with income from any source, and they treat disability-related income in nearly the same way.
| Type of income | Maintenance | Child support |
|---|---|---|
| Social Security benefits received because of the person's own disability (SSDI) | Included | Included |
| Disability insurance benefits | Included | Included |
| Health, accident, disability or casualty insurance funds | Included to the extent they replace wages | Included to the extent they replace wages |
| Workers' compensation benefits | Included | Included |
| Pension and retirement benefits | Included if actually received and not previously divided as property | Included |
| Supplemental Security Income (SSI) and other means-tested public assistance | Excluded | Excluded |
The difference between SSDI and SSI matters. SSDI is a Social Security benefit based on the worker's own earnings record, and both statutes count it. SSI is a needs-based program, and both statutes list it as a means-tested benefit that is excluded.
Because SSDI counts as income, a parent who receives it has income for the child support worksheet like any other parent. If a child also receives Social Security dependent benefits because of a parent's disability, C.R.S. 14-10-115(11)(c) addresses those benefits and the worksheet handles them as an adjustment, so share the benefit letters with your attorney.
Our overview of child support in Colorado and our Colorado Springs child support lawyer page explain the rest of the calculation. If the disability is service-connected, our Colorado military divorce guide covers VA disability compensation.
DIVIDING PROPERTY WHEN DISABILITY AWARDS ARE INVOLVED
Colorado divides marital property equitably under C.R.S. 14-10-113, meaning fairly and not necessarily equally, and without regard to marital misconduct. One statutory factor is "the economic circumstances of each spouse at the time the division of property is to become effective." A spouse's disability and limited earning capacity can be part of that picture.
Disability payments raise a harder question: are they marital property at all? Property acquired during the marriage is presumed marital, but Colorado Court of Appeals decisions summarized in the annotations to 14-10-113 have looked at what a payment replaces.
- A public employee (PERA) disability benefit paid before retirement age was held to replace future earnings and not to be marital property, while the portion of the benefits attributable to years of service before the disability was marital (In re Marriage of Hansen, 62 P.3d 1066 (Colo. App. 2002)).
- A workers' compensation settlement has been treated as separate property to the extent it compensates for loss of income or earning capacity after the divorce (In re Marriage of Breckenridge, 973 P.2d 1290 (Colo. App. 1999)).
- Disability payments themselves were held not to be marital property, but income from them became a marital asset once it was commingled with marital funds (In re Marriage of Green, 169 P.3d 202 (Colo. App. 2007)).
Personal injury settlements raise similar questions, and the answer can turn on what each part of a settlement was paid for. Keep disability payments in a separate account where possible, and have an attorney review the paperwork behind any award before you agree to a division.
PROTECTING SSI AND MEDICAID ELIGIBILITY
SSI and Medicaid are means-tested, so eligibility depends on income and resources. A property award, a lump sum or a maintenance payment can affect a disabled spouse's eligibility for those programs. SSDI is not means-tested in the same way, so this concern centers on SSI and Medicaid.
Federal law recognizes trusts, often called special needs or supplemental needs trusts, that can hold assets for a person with a disability without those assets being counted under the Medicaid and SSI trust rules, if the trust meets the statute's requirements. A trust for a disabled person under age 65 can be established by the individual, a parent, a grandparent, a legal guardian or a court, and when the beneficiary dies the state must be repaid from what remains, up to the Medicaid it paid (42 U.S.C. 1396p(d)(4)(A)).
Pooled trusts managed by nonprofit associations are another option (42 U.S.C. 1396p(d)(4)(C)), and SSI's trust-counting rules do not apply to either type (42 U.S.C. 1382b(e)(5)). Whether a trust fits your case, and how the settlement should be structured around it, depends on benefit rules that change. Coordinate the divorce settlement with an attorney who handles benefits planning before anything is signed.
HEALTH INSURANCE AFTER THE DIVORCE
A divorce usually ends a spouse's eligibility as a dependent on the other spouse's employer plan. Federal COBRA law treats divorce or legal separation as a qualifying event, and a former spouse can generally continue group coverage for up to 36 months (29 U.S.C. 1162 and 1163). COBRA generally applies to employers that normally had 20 or more employees, the plan may charge up to 102 percent of the premium, and the employee or former spouse must notify the plan administrator of the divorce within 60 days.
Colorado also has a continuation law for certain insured employer group plans. Under C.R.S. 10-16-108, an employee or dependent may generally continue coverage after a change in the employee's marital or civil union status for up to 18 months, or until eligible for other group coverage, if the employee had at least six months of continuous coverage before it ended. Which law applies depends on the employer and the plan, so ask the plan administrator in writing.
Health costs can also be built into the settlement. Health-care needs are one of the maintenance factors, and spouses can agree on who pays premiums for a period after the decree.
WHEN A SPOUSE MAY LACK CAPACITY
Some disabilities affect a person's ability to understand the case or make decisions about it. Rule 17(c) of the Colorado Rules of Civil Procedure says the court shall appoint a guardian ad litem for an incompetent person not otherwise represented in an action, or make another order it considers proper to protect that person.
In In re Marriage of Sorensen, 166 P.3d 254 (Colo. App. 2007), the Colorado Court of Appeals held that a trial court abused its discretion by denying a wife's request for a guardian ad litem in her divorce without a hearing on her competency. It said that not appointing one is an abuse of discretion when a spouse is mentally impaired so as to be unable to understand the nature and significance of the proceeding, cannot make critical decisions, lacks the capacity to communicate with counsel, or cannot weigh counsel's advice.
This kind of guardian ad litem protects an adult party, which is different from the professionals a court may appoint for children, such as a child and family investigator. If your spouse already has a court-appointed guardian or conservator, that person's authority, and any limits the probate court placed on it, will shape how the case proceeds.
COURT ACCESSIBILITY AND ACCOMMODATIONS
Colorado courts accept accommodation requests from parties, witnesses and others with disabilities. The Colorado Judicial Branch has a Request for Accommodation by Person with a Disability, and the court's ADA coordinator can help you complete it. The Judicial Branch recommends asking at least two weeks in advance, though it says requests will be considered regardless of timeliness.
Describe the accommodation you need in the request. The court may offer an alternative if it is equally effective and more readily available.
CHILDREN, PARENTING TIME AND DISABILITY
A Parent's Disability and Parenting Time
Colorado calls what most people know as custody the allocation of parental responsibilities, decided by the best interests of the child under C.R.S. 14-10-124, with the child's safety always paramount. The mental and physical health of everyone involved is one of the parenting time factors, but the statute says "a disability alone shall not be a basis to deny or restrict parenting time." The court also may not consider conduct of a party that does not affect that party's relationship to the child.
A parenting plan can be built around a parent's real abilities and needs. Our Colorado Springs child custody lawyers page explains how plans are put together.
Support for an Adult Child With a Disability
Child support in Colorado generally ends when the last or only child turns 19, or later if the child is still in high school (but not past 21) or the parents agreed in writing. If the child is mentally or physically disabled, the court may order support to continue past 19 (C.R.S. 14-10-115(13); Colorado Judicial Branch, End Child Support). Raise this before the child's 19th birthday, and see our guide on when child support ends in Colorado.
Caring for a child with significant needs can also matter for maintenance, because a spouse without sufficient property can meet the statutory threshold as the custodian of a child whose condition makes outside employment inappropriate.
FREQUENTLY ASKED QUESTIONS
Can You Divorce a Disabled Spouse in Colorado?
Yes. Colorado is a no-fault state, and a divorce is granted on the finding that the marriage is irretrievably broken. The disability affects the financial and parenting issues, not whether the divorce can happen.
Does SSDI Count as Income for Maintenance and Child Support in Colorado?
Yes. Colorado's gross income definitions include Social Security benefits a person receives because of their own disability. SSI is treated differently: it is a means-tested benefit and is excluded.
Do I Have to Pay Alimony to a Disabled Spouse Forever?
Not automatically. Colorado maintenance depends on need, ability to pay and statutory factors such as health, and for marriages over 20 years a court may set a specified or indefinite term. Unless agreed otherwise in writing or decreed, it ends at the end of its term, on either party's death or on the recipient's remarriage or civil union, and it can be modified for substantial and continuing changes that make the terms unfair.
Is a Disability Settlement Divided in a Colorado Divorce?
It depends on what the payment replaces. Colorado appellate decisions have treated disability benefits and settlements that replace post-divorce earnings as not marital property, while portions tied to years of service before the disability, or income commingled with marital funds, may be divided.
Can My Spouse Stay on My Health Insurance After the Divorce?
Usually not as a dependent, but COBRA or Colorado's continuation law may let a former spouse continue group coverage for a limited time at their own cost. While the case is pending, the automatic temporary injunction bars either spouse from canceling the other's health coverage without 14 days' notice and written consent or a court order.
What if My Spouse Cannot Understand the Divorce Proceedings?
Under C.R.C.P. 17(c), the court shall appoint a guardian ad litem for an incompetent party who is not otherwise represented, or make another protective order, and the Court of Appeals has held that denying a request for one without a competency hearing was an abuse of discretion. If your spouse already has a guardian or conservator, that person's role matters too, so raise capacity concerns with the court early.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
When a spouse has a disability, the settlement has to work for years after the decree: for income, for health coverage and for benefits. Talking through your situation early helps you see which of these issues apply and in what order to address them.
Moran, Allen & Associates Family Law Attorneys handles divorces in El Paso and Teller counties. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation. You can also learn more about our Colorado Springs divorce lawyers.
This article is general information about Colorado law as of October 2026 and is not legal advice. Benefit rules and court decisions change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 14-10-106, Dissolution of Marriage and Legal Separation
- C.R.S. 14-10-107, Automatic Temporary Injunction
- C.R.S. 14-10-113, Disposition of Property (with annotations)
- C.R.S. 14-10-114, Spousal Maintenance
- C.R.S. 14-10-115, Child Support Guidelines
- C.R.S. 14-10-122, Modification and Termination of Maintenance
- C.R.S. 14-10-124, Best Interests of the Child
- C.R.S. 10-16-108, Continuation Privileges
- Colorado Court of Appeals, In re Marriage of Sorensen, 166 P.3d 254 (Colo. App. 2007) (guardian ad litem for a spouse; quotes C.R.C.P. 17(c))
- 42 U.S.C. 1396p, including (d)(4)(A) and (C) Trusts for Individuals With Disabilities
- 42 U.S.C. 1382b(e)(5), SSI Treatment of Those Trusts
- Colorado Judicial Branch, Request for Accommodation by Person with a Disability
- Colorado Judicial Branch, End Child Support