Lifelong Alimony in Colorado

Alimony—called “spousal maintenance” or “spousal support” in Colorado—is meant to bridge the financial gap between spouses following a divorce. Spousal support is not an award for any type of injury or to compensate a spouse for the dissolution of their marriage. The primary intention of spousal maintenance is to help the lower-earning spouse get back on his/her feet.

While the primary goal is to foster self-sufficiency, judges retain the discretionary power to award indefinite payments if the lower earner’s situation warrants it. Below, we explore the unique –and somewhat rare–circumstances that justify ordering a lifelong alimony award and how skilled divorce attorneys help manage expectations for the court. 

• While rare, Colorado courts may award permanent maintenance in marriages lasting more than 20 years when one party is unable to work due to age, health, or employability concerns. 

• Courts may consider histories of domestic violence, coercive control, and economic abuse when determining the amount and duration of alimony. 

• Divorcing parties are legally required to disclose any protection orders issued against them within the last two years prior to the filing of the Petition for Divorce. 

• Lifelong orders can always be challenged, modified, or terminated due to a “substantial and continuing changes in circumstances,” unless the parties have agreed to contractual maintenance.

Yes, lifelong spousal maintenance is possible in Colorado, though spousal support is generally intended to be a temporary solution until a former spouse achieves self-sufficiency. C.R.S. § 14-10-114 provides courts a statutory formula and factors to consider when determining whether to award alimony and in what amount. Despite the legal guidelines, judges make the final call, a discretion that carries over to indefinite maintenance awards when at least one of the following thresholds are met: 

• Your marriage lasted 20 years or more

• You or your ex-spouse is unable to work

• The spouse who cannot work lacks adequate financial resources

Colorado courts recognize that financial independence can be an impossible goal for some lower earners or longtime household managers nearing or during retirement age, particularly if the lower-earning spouse lacks sufficient property to live on, and is unable to support herself/himself through work. Factors the court may consider can include:

• The employment history of the lower-earning spouse

• The age of the lower-earning spouse

• The length of the marriage

• The health of the lower-earning spouse (particularly if the spouse lives with a chronic condition or a permanent disabling condition)

• The amount of property received by the lower-earning spouse as part of a separation agreement or through a judge’s final orders. 

The more factors suggest that the lower-earning spouse will not be able to meet his/her reasonable needs without permanent maintenance, the more likely it is that the court will determine that fairness and equity require an award of lifetime spousal support (based on the individual and specific circumstances of the case).

Before a judge can calculate maintenance, Colorado Rule of Civil Procedure 16.2 (C.R.C.P. 16.2) requires both parties to provide a full and honest accounting of their finances. Colorado courts use spousal maintenance guidelines to help shape fair and equitable division standards. 

To determine whether an award is appropriate, judges evaluate many factors, including (but not limited to): 

• Gross income - Is one spouse earning significantly less than the other spouse?

• Marital property - Did the lower-earning spouse receive enough property in the divorce to support him/herself?

• Financial resources - Does the lower-earning spouse have enough separate property to support him/herself (i.e. trust income, rental income on separate real estate, etc.)

• Duration- Was this a short-term marriage or a long-term marriage?

• Standard of living - How did the spouses live during the marriage?

• Age and health - Is the lower-earning spouse mentally or physically healthy enough to support himself/herself? Is it practicable for him/her to train for a new job?

The passage of Senate Bill 25-116 allows Colorado courts to evaluate the history of abuse within a marriage when determining permanent alimony and all other levels of spousal support. This statutory update enables judges to consider whether a spouse was a victim or perpetrator of domestic violence and other closely linked abusive behaviors, including: 

• Coercive control

• Economic abuse

• Litigation abuse

• Unlawful sexual behaviors

It is important to remember that Colorado is a no-fault divorce state. The existence of domestic violence in a marriage does not change the financial calculus for the judicial officer. However, the court now has discretion to determine that it is inequitable to force the higher-earning spouse to pay spousal support when the lower-earning spouse was the abuser.

Courts in Colorado may review any case involving the parties. It is also the duty of the parties to notify the court of any case that may affect their divorce proceedings, and to notify the court at the time of filing if either of them has been restrained by any temporary, permanent, or mandatory restraining or protection order (whether civil, criminal, or emergency) within the prior two years. However, while criminal convictions and protection orders may be excellent evidence of domestic violence, they are not required for the court to find that a spouse suffered violence, coercive control, or other forms of abuse.

Indefinite or lifelong alimony is not an automatic entitlement. A spouse must formally request it, and statutory guidelines don’t obligate a judge to order it. This means that when courts do justify awarding indefinite spousal support, they typically look at the applicability of the following conditions:

• Length of the marriage

• Professional background

• Age and well-being

• Both parties’ financial standing

Even when indefinite support is awarded, it’s not always entirely permanent. Under C.R.S. 14-10-122, spousal support can be modified or terminated if there is “a showing of changed circumstances so substantial and continuing as to make the terms unfair.” 

Specifically, if the paying spouse plans to retire and anticipates a reduction in income, they may be able to modify or end their obligation. However, the paying spouse must reach the full retirement age and demonstrate that the choice was made in good faith. Full retirement age, according to Social Security standards, is 67 years old for people born in 1960 or later.

Spousal support is always modifiable unless the parties agree to contractual maintenance and specify in the agreement that it may not be modified:

• Remarriage or civil unions - Spousal support can be terminated if the recipient remarries or establishes a legal civil union unless the divorce decree includes an express provision. 

• Financial shifts - A judge may agree to modify an order if the recipient experiences a significant increase in income or if the payor suffers an involuntary, long-term decrease in earnings. However, it is exceedingly rare for a court to modify spousal support upward, and a change in the payee spouse’s income alone is generally not enough to justify a finding that the existing maintenance terms are now “unfair.”

• Voluntary underemployment - A judge may “impute” income to a recipient who is capable of working but intentionally chooses not to. 

• Death - Colorado law mandates the automatic termination of lifelong alimony orders upon the death of either the payor or the recipient, though agreements and orders may provide for life insurance, and judgments for support arrears may be collectible through estate proceedings.

In Colorado, spousal maintenance is typically seen as a temporary obligation rather than a life sentence for the payor. However, there are exceptions that can affect your long-term financial stability. A Colorado divorce attorney can help you determine if lifelong spousal support is possible in your case by: 

• Presenting evidence of abuse - We can identify and demonstrate patterns of behavior that can influence the amount and duration of alimony awards.

• Strategizing “imputed income” analysis - Our attorneys can provide guidance on factors affecting a spouse’s actual earning potential and ways to prove it exists, so the court will require them to work if they’re capable.

• Protecting retirement plans - We provide assertive representation to help avoid a lifelong alimony order that keeps you working well past your retirement age and your physical ability. 

Build your financial future. Call 303-688-0944 or book a consultation online with a Colorado family law attorney today.