Colorado alimony calculator: how the formula works in 2025

Last updated 2026-07-09

What is the Colorado alimony formula and where does it come from?

Colorado calls it "maintenance," not alimony, but the words mean the same thing. The formula lives in C.R.S. § 14-10-114, which the legislature rewrote in 2013. Before that rewrite, judges had almost no guidance and awards swung wildly from county to county. The 2013 statute gave everyone a presumptive starting point that a spouse, a lawyer, or a self-represented filer can calculate at the kitchen table before anyone sees a courtroom. ^[1]

The math is short. Take 40% of the higher earner's gross monthly income. Subtract 50% of the lower earner's gross monthly income. What's left is the presumptive monthly maintenance. If the result is zero or negative, the formula says no maintenance is owed. ^[1]

One cap decides whether the formula even applies. Combined income of both spouses has to be $240,000 a year or less. Above that ceiling, the court still weighs the same factors but sets the number with more discretion. ^[1]

Here's the part people miss: this is presumptive, not mandatory. The statute tells the court to use the formula as a starting point but lets it deviate when the result would be "unfair or inequitable." That phrase gives judges real room, and they use it. Treat the formula as your opening bid, not the final price.

How do you actually calculate Colorado maintenance step by step?

You need two numbers and about four minutes. Each spouse's gross monthly income drives the whole thing.

Gross income here includes wages, salary, tips, bonuses, self-employment income, rental income, dividends, Social Security benefits, and disability payments. It does not include child support you receive from another relationship. If your income bounces around, use the average of the last three years. ^[1]

Step 1: Multiply the higher earner's gross monthly income by 0.40. Step 2: Multiply the lower earner's gross monthly income by 0.50. Step 3: Subtract Step 2 from Step 1. That result is the presumptive monthly maintenance.

Example. Spouse A earns $8,000 a month gross. Spouse B earns $3,000 a month gross. 40% of $8,000 = $3,200 50% of $3,000 = $1,500 $3,200 minus $1,500 = $1,700 a month.

Then run one more check. Maintenance can't drop the paying spouse below 45% of the couple's combined gross monthly income. Combined income here is $11,000, so Spouse A has to keep at least $4,950. After paying $1,700, Spouse A has $6,300 left, which clears the floor. If it fell short, the court would trim the payment to hold the payor at 45%. ^[1]

Run your own numbers before you talk to anyone. Knowing the presumptive figure going in changes every conversation that follows.

How long does Colorado maintenance last?

Duration is a second calculation, separate from amount. Colorado ties it to how long the marriage lasted. Marriages under three years get no presumptive duration, so the court decides. For longer marriages, the schedule runs like this: ^[1]

Marriage length	Presumptive duration of maintenance
3 years	11 months
5 years	1 year 9 months
10 years	4 years 2 months
15 years	6 years 8 months
20 years	10 years
25+ years	Court discretion (indefinite possible)

These come from the statutory table in C.R.S. § 14-10-114(3)(b). The statute lists a specific number of months for each year of marriage from 3 to 20, then hands marriages of 20 years or more to judicial discretion, including indefinite maintenance. ^[1]

For those long marriages, courts often set maintenance to run until the recipient remarries, hits a self-support milestone, or dies. The paying spouse's retirement is sometimes the endpoint, but only if it's negotiated or ordered in plain words. Nothing about the end date is automatic.

Duration is presumptive in the same way the dollar amount is. A judge can shorten or stretch it using the factors in the next section.

What factors can change the formula result?

C.R.S. § 14-10-114(5) lists what a court weighs when it decides to move off the presumptive amount or duration. The factors are: ^[1]

1. The receiving spouse's financial resources, including property from the divorce. 2. That spouse's ability to become self-supporting and how long it takes. 3. The standard of living during the marriage. 4. The length of the marriage. 5. The age and physical and emotional condition of each spouse. 6. The paying spouse's ability to meet their own needs while paying. 7. Any significant economic disparity between the spouses. 8. Whether one spouse funded the other's education or earning capacity. 9. Tax consequences. 10. Any prenuptial or postnuptial agreement.

Two factors move the number most: property division and earning capacity. If the lower earner walks away with the marital home or a big retirement account, courts sometimes cut maintenance to reflect that transfer. If the paying spouse takes a pay cut on purpose, courts can impute income at their historical level.

Health carries weight too. A spouse with a serious illness or disability who can't become self-supporting often gets longer, sometimes indefinite maintenance no matter what the duration table says.

In uncontested divorces where both spouses agree, the formula still frames the talk. If you settle on a number different from the formula, the court accepts it as long as it doesn't look wildly one-sided on its face. Judges rarely reject agreed maintenance terms in uncontested cases.

How does Colorado maintenance compare to neighboring states?

Colorado's formula is unusual. Most states hand maintenance entirely to the judge, with a list of factors and no math. Here's the neighborhood: ^[2][3]

State	Formula?	Key feature
Colorado	Yes, statutory formula	40/50 rule, duration schedule
Utah	No	Factor-based, judicial discretion
Kansas	No	Factor-based, judicial discretion
New Mexico	No	Factor-based, occasional AAML guideline use
Wyoming	No	Factor-based, short marriages often get nothing
Arizona	No	Factor-based, marital standard of living is central

The American Academy of Matrimonial Lawyers has floated a model formula (30% of the payor's gross minus 20% of the payee's gross) that some judges in discretionary states reference informally. Colorado's version is written into statute, which makes outcomes far easier to predict. ^[2]

That predictability pays off. When both spouses run the same math and land on the same number, uncontested settlements move faster. A self-represented filer in Colorado has a real shot at a fair agreement without paying a lawyer to negotiate from zero.

Is Colorado maintenance tax deductible in 2025?

No. The Tax Cuts and Jobs Act of 2017 flipped the old rule. For any divorce finalized after December 31, 2018, maintenance is neither deductible for the payor nor taxable income for the recipient. ^[4]

This trips people up because older articles and some older lawyers still quote the pre-2019 treatment. The IRS states it plainly in Publication 504: "You can't deduct alimony or separate maintenance payments made under a divorce or separation agreement executed after 2018." ^[4]

The change matters when you structure a settlement. Since maintenance no longer buys the payor a deduction, paying spouses often lean toward larger property transfers (which can get better capital gains treatment) instead of monthly cash. If your marital estate holds a lot of assets, run the property-versus-maintenance scenarios with a CPA or financial planner before you sign.

Colorado follows the federal treatment. The state income tax starts from federal adjusted gross income, so maintenance isn't deductible on your Colorado return either. ^[5]

How do you file for maintenance in a Colorado divorce?

Maintenance rides along inside the divorce case. There's no separate filing. You start the divorce in the district court in the county where either spouse lives, filing the petition and financial documents there. ^[6]

In an uncontested divorce, you write the agreed amount and duration into your Separation Agreement (sometimes called a Marital Settlement Agreement). The court folds that agreement into the final Decree of Dissolution of Marriage.

Colorado requires both spouses to file a Sworn Financial Statement (JDF 1111) in any case with maintenance or property division. That's where you report gross income, monthly expenses, assets, and debts under oath. The maintenance calculation is only as good as the numbers on that form. ^[6]

Handling it yourself? The Colorado Judicial Branch self-help center has the full form set, including JDF 1111, the petition, and the separation agreement template. Start at courts.state.co.us. ^[6]

Filing fees vary by county, but the Colorado district court fee for a dissolution is $230 in most counties. ^[7] A few charge slightly more. Check your county clerk's website before you drive over.

Want the paperwork built for you? DivorceClear's $149 packet includes the separation agreement, financial disclosure forms, and Colorado-specific instructions, so you don't have to guess which version of each form is current.

Contested maintenance takes longer. Both sides submit financial disclosures, sometimes a formal income analysis, and the court may hold a hearing where each spouse's income and expenses get examined directly.

Can maintenance be modified or terminated after it's ordered?

Yes. Under C.R.S. § 14-10-122, either spouse can ask the court to change maintenance after a "substantial and continuing change of circumstances." That phrase does real work. A short spell of unemployment usually doesn't clear it. A permanent disability, retirement, or a lasting shift in either spouse's income usually does. ^[1]

Common grounds courts accept:

The paying spouse loses a job for good or becomes disabled. The receiving spouse starts a new career or earns a lot more. The receiving spouse moves in with a new partner in a marriage-like relationship (Colorado treats this as a factor, not an automatic cutoff, unlike some states). Either spouse's cost of living changes sharply.

Maintenance ends automatically when the recipient remarries. That's in the statute. ^[1] Death of either spouse ends the obligation too, unless the decree says otherwise (some settlements make the payor carry a life insurance policy to cover it).

If you both agree to the change, you file a stipulated modification and skip the full hearing. That's cheaper and faster. If you disagree, you file a motion and ask for a hearing.

Watch one trap. If your original agreement labeled maintenance "non-modifiable," you gave up the right to revisit it. Some spouses trade that away for other concessions. Read your decree before you assume anything.

What if your income is variable or you're self-employed?

Variable and self-employment income cause more maintenance fights than anything else in Colorado. The statute says use gross income but doesn't name a year. Colorado courts have landed on averaging the most recent three years of tax returns as the starting point for uneven earners. ^[1]

For the self-employed, gross income means gross receipts minus ordinary and necessary business expenses. The battle is usually over which expenses count as "ordinary and necessary." A deduction that's fine on your tax return, say a home office or vehicle mileage, might not lower your maintenance income if the court decides it was personal or padded.

Colorado courts will impute income when they find a spouse voluntarily unemployed or underemployed. Quit a $90,000 job to dodge maintenance, and expect a judge to run the numbers on $90,000 anyway. The spouse asking for imputation carries the burden of proving it.

Gig workers, commission earners, and anyone with big bonus swings should document everything. Bring three years of tax returns and three years of pay stubs to any hearing. If your income dropped recently for a real reason, bring proof of that too.

For alimony questions beyond Colorado's rules, our general alimony guide covers how maintenance works nationwide and which factors most courts share.

How does property division interact with the maintenance calculation?

Colorado is an equitable distribution state, not community property. Marital property gets divided fairly, which usually (but not always) means close to equal. Property division and maintenance are legally separate decisions, but courts look at them side by side. ^[8]

If one spouse gets assets that throw off income (rental property, investment accounts), that passive income raises their gross income for maintenance. A spouse handed a $400,000 retirement account might see imputed investment returns counted as income, depending on the judge.

Go the other way, and it still connects. If one spouse takes the marital home with heavy equity, courts sometimes cut maintenance amount or duration because the asset itself provides support. There's no formula for this trade. It's the clearest spot where paying an experienced divorce attorney to review your settlement earns its keep, especially with a large or complicated estate.

For a plainer look at how divorce papers and property agreements fit together, that guide walks through what belongs in each document.

In uncontested cases with modest assets, the tangle mostly disappears. Split a modest retirement account 50/50, and if neither spouse has real passive income, the formula result is probably close to what you'd agree on anyway. The formula was built with typical Colorado marriages in mind, and it fits them well.

Where can you get free help with Colorado maintenance calculations?

Three free resources are worth your time.

Start with the Colorado Judicial Branch self-help center at courts.state.co.us. It has the JDF 1111 Sworn Financial Statement with instructions, the current separation agreement template, and guides for self-represented parties. It's the most authoritative free source for forms and procedure. ^[6]

Next, Colorado Legal Services gives free legal help to low-income residents, including help with maintenance calculations and financial disclosures. Their income cutoff generally sits around 200% of the federal poverty level. ^[9]

Third, many Colorado district courts run family law facilitators or self-help clinics that answer procedural questions and help you complete forms (not legal advice, but real help). Call your local courthouse's self-help center. Jefferson County, Arapahoe County, and Denver's 2nd Judicial District all run active facilitator programs. ^[6]

Maintenance and child support often come up together. Colorado also runs a statutory formula for child support under C.R.S. § 14-10-115, and the Judicial Branch posts an online worksheet for it. Our child support calculator guide breaks it down.

If your case is genuinely uncontested and maintenance is agreed, you can handle the paperwork yourself. If there's any fight over income, assets, or the right number, a one-time consult with a divorce attorney is money well spent before you sign.

Frequently asked questions

What is the Colorado alimony formula?

Colorado's maintenance formula is 40% of the higher-earning spouse's gross monthly income minus 50% of the lower-earning spouse's gross monthly income. The result is the presumptive monthly payment. The formula applies when combined gross income is $240,000 a year or less. Above that, courts use the same factors with more discretion. Duration follows a separate statutory schedule based on marriage length.

How long does alimony last in Colorado?

Duration follows a statutory schedule in C.R.S. § 14-10-114. For a 10-year marriage, the presumptive duration is about 4 years and 2 months. For a 15-year marriage, roughly 6 years and 8 months. For marriages of 20 years or more, courts have discretion, including indefinite maintenance. Every duration is presumptive and can be adjusted for the facts of the case.

Is alimony taxable in Colorado?

No, not for divorces finalized after December 31, 2018. The Tax Cuts and Jobs Act eliminated the federal deduction for maintenance and the matching income inclusion for the recipient. Colorado's income tax starts with federal AGI, so the same treatment applies at the state level. Pre-2019 divorces that were never modified under TCJA rules may still carry the old tax treatment.

Can a spouse waive alimony in Colorado?

Yes. In an uncontested divorce, both spouses can agree in the separation agreement that neither party gets maintenance, now or later. That's common when incomes are close or both want a clean financial break. A court generally approves a waiver if both spouses agreed voluntarily and understood what they were giving up.

What income counts for the Colorado maintenance formula?

Gross income includes wages, salary, self-employment income, bonuses, rental income, dividends, interest, Social Security benefits, disability payments, and unemployment. It excludes child support received from another relationship. For variable or self-employment income, courts typically average the last three years of tax returns. Courts can also impute income if a spouse is found voluntarily underemployed.

Does Colorado allow permanent alimony?

Indefinite maintenance is possible in Colorado for marriages of 20 years or more, though courts don't call it "permanent" the way older law did. Duration is left to the judge for long marriages and can run until the recipient remarries, becomes self-supporting, or either spouse dies. It's most common when one spouse has serious health limits that block self-support.

Can alimony be modified in Colorado after divorce?

Yes. Under C.R.S. § 14-10-122, either spouse can petition for modification based on a substantial and continuing change of circumstances. Common grounds include job loss, disability, a large income change, or retirement. Maintenance ends automatically when the recipient remarries. If both spouses agree to a change, a stipulated modification avoids a full hearing.

How does a judge decide alimony if income is above $240,000 combined?

Above the $240,000 combined gross income threshold, the statutory formula no longer applies automatically. The court uses the same factors in C.R.S. § 14-10-114(5): standard of living, each spouse's financial resources, earning capacity, and contribution to the marriage. There's no formula ceiling on award size, but courts in high-income cases still often reference what the formula would produce as a benchmark.

What Colorado court forms are needed for a maintenance order?

You'll need the JDF 1111 Sworn Financial Statement (required whenever maintenance is at issue), the Petition for Dissolution of Marriage (JDF 1101), and a Separation Agreement setting the maintenance amount and duration. In an uncontested case, both spouses also sign a stipulation. All current forms are free at the Colorado Judicial Branch self-help center at courts.state.co.us.

Does cohabitation with a new partner end alimony in Colorado?

Not automatically. Colorado has no bright-line cohabitation termination rule like some states. But if the recipient moves in with a new partner and that relationship cuts their financial need, the paying spouse can petition for modification based on changed circumstances. Whether cohabitation alone justifies a reduction depends on the judge and the specific financial facts.

How is alimony different from child support in Colorado?

Maintenance goes to the spouse; child support covers the children's expenses. They run under different statutes: maintenance under C.R.S. § 14-10-114, child support under C.R.S. § 14-10-115. Both use income as the main driver, but child support also factors in parenting time, health insurance costs, and childcare. Neither is tax-deductible under current federal law.

Can a prenuptial agreement override the Colorado maintenance formula?

Yes. A valid prenuptial or postnuptial agreement can waive maintenance, cap it, or set different terms than the formula. Courts honor these agreements when they meet Colorado's validity rules: both parties had separate counsel or knowingly waived it, the agreement was voluntary, and full financial disclosure happened. An invalid prenup doesn't automatically kill a maintenance claim.

What happens if my spouse doesn't pay ordered maintenance in Colorado?

Court-ordered maintenance is enforceable. You can file a motion for contempt in the same district court that issued the order. A spouse found in contempt can face fines or jail. The Colorado Family Support Registry can track and enforce payments, and you can seek wage garnishment through the court.

Sources

1. Colorado Revised Statutes § 14-10-114 (Maintenance): Colorado's statutory formula: 40% of higher income minus 50% of lower income; duration schedule; $240,000 combined income cap; modifiability under C.R.S. § 14-10-122
2. American Academy of Matrimonial Lawyers: AAML proposed model formula (30% of payor's gross minus 20% of payee's gross) as an alternative framework referenced in discretionary-state courts
3. Utah Courts, Alimony Information: Utah uses factor-based judicial discretion with no statutory formula for alimony
4. IRS Publication 504, Divorced or Separated Individuals: For divorce agreements executed after December 31, 2018, alimony is not deductible by the payor and not includable in income of the recipient under TCJA
5. Colorado Department of Revenue, Individual Income Tax Guide: Colorado individual income tax uses federal adjusted gross income as starting point, meaning TCJA alimony treatment flows through to Colorado returns
6. Colorado Judicial Branch, Self-Help Center: JDF 1111 Sworn Financial Statement, JDF 1101 Petition, and separation agreement templates available; self-help facilitator programs in multiple counties
7. Colorado Judicial Branch, Filing Fees: Colorado district court filing fee for dissolution of marriage is $230 in most counties
8. Colorado Revised Statutes § 14-10-113 (Division of Marital Property): Colorado is an equitable distribution state; marital property divided fairly but not necessarily equally
9. Colorado Legal Services, Eligibility and Services: Colorado Legal Services provides free legal assistance including maintenance calculations to income-eligible residents at approximately 200% of federal poverty level
10. Colorado Revised Statutes § 14-10-115 (Child Support): Child support calculated under separate statute from maintenance; formula accounts for parenting time, health insurance, and childcare