HOW LONG DOES ALIMONY LAST IN COLORADO?
Under Colorado alimony laws, the length of maintenance (the legal term for alimony) starts from an advisory table in C.R.S. 14-10-114 that ties the term to the length of the marriage. The guideline term runs from 11 months for a three-year marriage to 120 months for a 20-year marriage, and after a marriage of more than 20 years the court may order maintenance for a set term or an indefinite term.
There is no 10-year cap. Unless a written agreement or the decree says otherwise, maintenance ends when either spouse dies, the term ends, the recipient remarries or enters a civil union, or a court ends it, under C.R.S. 14-10-122.
Understanding the details of alimony duration in Colorado can sometimes feel complex. This article walks through those two statutes section by section, explains what influences the amount and length of maintenance, and covers when an award can be changed or ends.
TABLE OF CONTENTS
- Understanding Alimony and Spousal Maintenance in Colorado
- Determining the Duration of Alimony
- Legal Considerations and Modifications
- Conclusion
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
UNDERSTANDING ALIMONY AND SPOUSAL MAINTENANCE IN COLORADO
In Colorado, alimony plays a significant role in many divorce settlements, and the law calls it spousal maintenance. Below we break down its definition, the stages at which it is ordered, and who might qualify for this financial help after a marriage ends.
The legislature's reasoning is in subsection (1) of 14-10-114: spouses' economic lives are often intertwined, so maintenance may be appropriate "if a spouse needs support and the other spouse has the ability to pay support." It adopted advisory guidelines because awards had been inconsistent from one judicial district to the next.
To determine eligibility, the court asks whether the spouse seeking maintenance lacks sufficient property, including the marital property awarded to that spouse, to provide for his or her reasonable needs, and cannot meet them through appropriate employment (or is caring for a child whose condition or circumstances make outside work inappropriate). That includes looking at the spouse's living expenses and the bills he or she must pay.
The Two Statutes, Section by Section
| Provision | What it does |
|---|---|
| 14-10-114(1) | Legislative declaration: support for a spouse in need when the other can pay, with fairer and more consistent awards across districts. |
| 14-10-114(2) | Maintenance may be awarded at permanent orders, fair and equitable to both, without regard to marital misconduct. |
| 14-10-114(3)(a) and (b) | Required findings, then the guideline formula and term table for marriages of at least three years with combined annual adjusted gross income of $240,000 or less. |
| 14-10-114(3)(c) and (d) | The factors the court must weigh, and the threshold of need. |
| 14-10-114(3)(e) to (i) | Guidelines are not presumptive; property can replace maintenance; reserved jurisdiction; short marriages; lump sums. |
| 14-10-114(3.5) | Income over $240,000: factors instead of the formula. |
| 14-10-114(4) to (7) | Temporary maintenance; modification under 14-10-122; security such as life insurance; waivers and agreements. |
| 14-10-114(8) | Definitions, including gross income and potential income. |
| 14-10-122(1) and (2) | The modification standard and effective date; the events that end maintenance; the retirement presumption. |
Section 14-10-114 applies to cases filed on or after January 1, 2014. Justia's online text is the 2025 compilation, which does not show 2026 session laws, so check for later changes before relying on it.
Definition and Types
Understanding alimony, or spousal maintenance as it is often called, can be confusing. It is financial support paid by one spouse to the other during and after a divorce, legal separation or declaration of invalidity.
The guideline amount comes from a formula in the statute, and calculators simply run it; the Judicial Branch's Calculate Child Support and Maintenance page links to software that does. The income used can include imputed income, which the statute calls potential income, for a spouse who is voluntarily unemployed or underemployed.
These payments help the receiving spouse meet reasonable needs, and the lifestyle during the marriage is one factor the court weighs. The statute deals with two stages: temporary maintenance while the case is pending, and maintenance ordered at permanent orders, after the final hearing or a settlement.
Before deciding, the court must make findings on each party's gross income, the marital property apportioned to each, their financial resources, the reasonable financial need established during the marriage, and the award's tax treatment. Under subsection (3)(f) it can also award extra property to reduce or replace maintenance. Knowing your rights helps you prepare for this part of your divorce.
How the Guideline Amount Is Calculated
Take 40 percent of the spouses' combined monthly adjusted gross income and subtract the lower earner's monthly adjusted gross income; a negative result means zero. Because maintenance under current orders is generally neither deductible nor taxable, the result is then reduced to 80 percent if combined monthly income is $10,000 or less, or 75 percent if it is more than $10,000 and not more than $20,000.
For example, with monthly adjusted gross incomes of $6,000 and $1,500, 40 percent of $7,500 is $3,000, minus $1,500 leaves $1,500, and 80 percent of that is $1,200 a month. That figure is advisory: subsection (3)(e) says the guidelines "do not create a presumptive amount or term of maintenance."
Eligibility Criteria
Several factors, such as the length of the marriage, come into play in deciding whether, and for how long, a spouse receives maintenance. Eligibility itself turns on the threshold of need, not on a percentage, and generally speaking a longer marriage may result in support for a longer period.
Eligibility for alimony payments isn't automatic. The financial status of the spouse asking for maintenance, and that spouse's ability to meet his or her needs independently, are central. The earnings of both spouses, their projected income and any disparities are also examined, including potential income, meaning what a spouse could earn if fully employed.
It is equally important to understand the tax treatment. IRS guidance (Topic No. 452) says that under divorce or separation agreements executed after 2018, maintenance is not deductible by the payer and is not income to the recipient, the same as child support, which is why the formula includes the 80 and 75 percent reductions.
In El Paso County, the court's maintenance advisement form, FCF 425, walks through the same worksheet and duration table.
DETERMINING THE DURATION OF ALIMONY
Figuring out how long you must pay or receive spousal maintenance can be complex. A family law judge looks at several points to decide this, such as the length of your marriage and both spouses' financial resources.
The Guideline Term Table
For marriages of 36 to 240 months, the advisory term is a percentage of the marriage's length, counted in whole months from the first day of the month after the wedding to the decree (or an earlier property hearing). The percentage rises from 31 percent at three years to 50 percent at 12.5 years, then holds at 50 percent.
| Length of marriage | Percentage | Guideline term |
|---|---|---|
| 36 months (3 years) | 31% | 11 months |
| 48 months (4 years) | 33% | 16 months |
| 72 months (6 years) | 37% | 27 months |
| 96 months (8 years) | 41% | 39 months |
| 120 months (10 years) | 45% | 54 months |
| 150 months (12.5 years) | 50% | 75 months |
| 210 months (17.5 years) | 50% | 105 months |
| 240 months (20 years) | 50% | 120 months |
For a marriage longer than 20 years, the court may set a term of years or an indefinite term, and it may not go below the 20-year guideline term without specific findings.
Temporary vs. Permanent Maintenance
In Colorado, the choice between temporary and permanent maintenance depends on the stage of the case and on factors a family law judge will examine closely. Temporary maintenance helps the spouse who earns less cover basic needs while the divorce is pending.
Under subsection (4), the court considers who pays family expenses and debts and sets the term itself, because the term table does not apply to temporary orders. A temporary order "does not prejudice the rights of either party at permanent orders."
What people call permanent maintenance is the award made at permanent orders. State law does not cap it at ten years, and its purpose is to support a spouse who lacks enough money or assets while starting a new life after the separation.
To decide the amount, courts examine everything from each spouse's income to his or her ability to find work. In El Paso and Teller counties, the Fourth Judicial District's mediation order requires mediation before a court hearing in domestic cases.
Factors Influencing Length and Financial Resources
Subsection (3)(c) lists the factors the court must consider, and they map onto these considerations:
- Duration of the marriage. The longer the marriage, the longer the guideline term.
- Each spouse's financial state. Financial resources include actual or potential income from separate or marital property.
- The recipient's need for support. A spouse who cannot become self-supporting right away through appropriate work may need a longer term.
- Age and health of both spouses. Significant health-care needs are a listed factor.
- Ability of the payer to meet obligations. The court asks whether the payer can meet his or her own reasonable needs while paying.
- Lifestyle during the marriage. It can affect both the amount and the length of payments.
- Employment status and earning potential. Employability counts, and so do contributions to the other spouse's education or career, as when one spouse put a career on hold.
- Time required for education or training. Support may cover the time needed to finish training that leads to suitable work.
- Temporary maintenance already paid. Its amount and length are a listed factor.
- Domestic violence and abuse. Since August 6, 2025, under SB25-116, the court considers whether a spouse engaged in domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, physical abuse or unlawful sexual behavior against the other.
These factors help courts reach decisions that are fair and practical for each family. Above $240,000 in combined income, the court works from the factors rather than the formula; see our page on high-net-worth divorce in Colorado.
LEGAL CONSIDERATIONS AND MODIFICATIONS
Life changes can affect anyone's financial situation, and after significant financial changes, the payments may need to be adjusted.
Under C.R.S. 14-10-122(1)(a), maintenance can be modified only on a showing of changed circumstances "so substantial and continuing as to make the terms unfair," and only for installments due after the motion is filed. Whether it's a job loss or a new, higher-paying position, the change must meet that standard; our page on post-decree modifications explains the process.
If the spouses agreed in writing that maintenance cannot be modified, the court generally cannot change it. The Colorado Supreme Court has said any limit on the court's power to modify must be stated in language that is "specific and unequivocal" (In re Marriage of Udis, 780 P.2d 499 (Colo. 1989)). A modification is generally effective from the date the motion is filed, unless the court finds that would cause undue hardship or substantial injustice.
Changes in Financial Circumstances
Financial situations can fluctuate, with a significant impact on alimony payments. Here's what you need to know about adjustments prompted by financial shifts:
- A significant, lasting rise in the payer's gross income can support a request for an increase, if the change is substantial and continuing enough to make the existing terms unfair.
- When the recipient finds suitable employment or significantly increases monthly income, that can support a reduction.
- Job loss or an involuntary pay cut for the paying spouse can support a motion to reduce maintenance.
- Health problems that raise medical expenses or limit earning ability can be a basis for adjustment.
- Property hidden during the divorce is usually addressed through the property division rather than maintenance. Under C.R.C.P. 16.2(e)(10), a party may ask the court, within five years of the final decree, to reallocate material assets or debts that were misstated or left out of the disclosures; see our article on a spouse hiding money.
- A recipient living with a new partner does not lose maintenance automatically, because unmarried cohabitation is not remarriage (In re Marriage of Dwyer, 825 P.2d 1018 (Colo. App. 1991)), though a change in the recipient's finances can still be argued.
- Changes in federal tax law are not automatic grounds: under 14-10-114(5)(c), the 2017 federal tax act is not by itself a substantial and continuing change for older orders.
- Courts are unlikely to reduce maintenance if the payer becomes unemployed or underemployed voluntarily without good reason, because maintenance can be calculated on potential income. A job change that is made in good faith and is objectively reasonable, such as one made in anticipation of retirement, may be considered (In re Marriage of Swing, 194 P.3d 498 (Colo. App. 2008)).
- Substantial lottery winnings, a large gift or an inheritance can be raised as a change in circumstances. Gross income includes monetary gifts and monetary prizes, and it includes lottery winnings when the Colorado lottery's rules require them to be paid only at the lottery office; income from separate property also counts among a spouse's resources.
- A vocational evaluator might reassess a lower-earning spouse's ability to find better-paid work, and that evidence can support adjusting maintenance.
When Maintenance Ends
Unless the spouses agreed otherwise in writing or the decree expressly says otherwise, 14-10-122(2)(a) ends future maintenance at the earliest of the death of either party, the end of the term (unless a motion to modify is filed first), the recipient's remarriage or civil union, or a court order.
Retirement is not on that list, so a payer who retires must ask the court to modify maintenance. A payer whose income drops because of retirement after reaching full Social Security retirement age gets a rebuttable presumption that the retirement was in good faith. Separately, the court can require security, such as life insurance, in case the payer dies before the term ends.
Remarriage and the Clark Case
What a separation agreement must say to keep maintenance going after the recipient remarries is unsettled. Colorado Court of Appeals decisions have disagreed, including In re Marriage of Clark, 2025 COA 75, and on May 18, 2026 the Colorado Supreme Court agreed to review Clark. Until it rules, an agreement should say plainly what happens to maintenance on remarriage.
Remarriage is not limited to a wedding ceremony. The Colorado Supreme Court has read "remarriage" in 14-10-122 to mean the status of remarriage, which it said encompasses common law as well as ceremonial marriage (In re Marriage of Cargill and Rollins, 843 P.2d 1335 (Colo. 1993)); see our guide to common law marriage in Colorado.
CONCLUSION
Figuring out how long payments last can be tricky, but the starting point is written into the statute. The duration hinges on a percentage table keyed to the length of the marriage, from 11 months at three years to 120 months at 20 years, with an indefinite term possible after 20 years and no 10-year cap.
The amount and term are advisory, and the court must still find that the requesting spouse meets the threshold. For a fuller walk-through, see our guide to alimony in Colorado, and if you are the higher earner, our article on how to avoid alimony in Colorado explains lawful ways an award can be limited.
FREQUENTLY ASKED QUESTIONS
How Long Do You Have to Be Married to Get Alimony in Colorado?
There is no minimum. The advisory guidelines apply only to marriages of at least three years, but under C.R.S. 14-10-114(3)(h) a court may award maintenance after a shorter marriage when dividing the marital property alone cannot produce an equitable result. In any marriage, the spouse asking for maintenance must meet the statute's threshold of need.
What Factors Does the Court Consider When Determining How Long Alimony Lasts in Colorado?
Where the guidelines apply, the court starts from the guideline term table, from 11 months after three years of marriage to 120 months after 20, and it may order an indefinite term after more than 20 years; there is no 10-year cap. It then weighs factors such as each spouse's resources, employability, age and health, because the guideline term is advisory, not presumptive.
Is Temporary Maintenance Standard in Colorado?
It is not automatic. Either spouse can ask for it while the case is pending, the court decides using the relevant factors and who pays family expenses and debts, and a temporary order does not prejudice either spouse at permanent orders.
Can I Seek Help From an Attorney for My Alimony Case in Colorado?
Yes. A family law attorney can check the income figures, run the guideline calculation and explain your rights and obligations. In a case the guidelines cover, if a spouse without a lawyer or licensed legal paraprofessional agrees to waive maintenance or to terms outside the guidelines, the court will not approve it unless that spouse has indicated awareness of the guidelines.
Does Marital Misconduct Affect How Much Alimony I Might Receive in Colorado?
Maintenance is awarded without regard to marital misconduct, so an affair by itself does not change the amount; the focus is on economic need and ability to pay. Since August 6, 2025, however, the court also considers domestic violence, coercive control, economic abuse and other abuse by a spouse (SB25-116).
What Happens If Someone Decides Not to Work During Divorce Proceedings?
If a spouse is voluntarily unemployed or underemployed, the court can calculate maintenance on potential income, meaning what that spouse could earn. The statute does not impute income to a spouse who is incapacitated, caring for a child under 24 months old, or incarcerated on a sentence of 180 days or more.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Maintenance turns on income figures, the length of the marriage and findings the court must make. Moran, Allen & Associates Family Law Attorneys works with spouses who pay and spouses who receive maintenance in El Paso County and Teller County, and can talk through how the statute applies to you.
Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation. You can also read about working with a divorce lawyer in Colorado Springs.
This article is general information about Colorado law as of October 2026 and is not legal advice. Statutes and case law change, and the Colorado Supreme Court's decision in Clark may change the law on remarriage, so speak with a licensed Colorado attorney about your situation.
SOURCES
- C.R.S. 14-10-114, Spousal Maintenance, Advisory Guidelines and Definitions
- C.R.S. 14-10-122, Modification and Termination of Maintenance and Support
- SB25-116, Spousal Maintenance Guidelines (Colorado General Assembly, signed May 19, 2025)
- In re Marriage of Clark, 2025 COA 75, Colorado Court of Appeals Opinion
- Colorado Supreme Court Case Announcements, May 18, 2026 (certiorari granted in Clark, No. 25SC634)
- El Paso County District Court, Advisory Maintenance Guidelines Information (FCF 425)
- Colorado Judicial Branch, Calculate Child Support and Maintenance
- Colorado Supreme Court Rule Change 2020(01), C.R.C.P. 16.2(e)(10) Reallocation of Omitted Assets and Debts
- Fourth Judicial District, Mediation and ADR Order (FCF 300A)
Research references
- Internal Revenue Service, Topic No. 452, Alimony and Separate Maintenance (last reviewed or updated September 24, 2026).