It's Called Maintenance, and It's Not Automatic

It's Called Maintenance, and It's Not Automatic

Terminology

During Divorce

Colorado

MaintenanceNo-Fault

Colorado calls alimony "maintenance," and it's never automatic. A court awards it only after finding that one spouse has a financial need and the other has the ability to pay.

In Colorado, alimony is called "spousal maintenance," and despite the well-known formula, it is not guaranteed. Under C.R.S. § 14-10-114, a court first decides whether maintenance is even appropriate, based on financial need, ability to pay, and a list of statutory factors (the marital standard of living, the length of the marriage, each spouse's income and earning capacity, the property each receives, age and health, and more).

The no-fault rule applies here too: marital misconduct generally has no bearing on maintenance. The decision is about economics, not blame.

Links

Website

Location

Colorado

Colorado, USA