Is the Colorado maintenance calculator the law?
No. The formula in C.R.S. 14-10-114 is advisory. It does not create a presumptive amount or term. Before a court can order maintenance at all it has to find that the spouse asking for it lacks enough property to meet reasonable needs and cannot be self-supporting through appropriate employment. Then it weighs the statutory factors and has to reach a result that is fair to both spouses. The worksheet is where the conversation starts, not where it ends.
How is maintenance calculated in Colorado?
For marriages of three years or more with combined income of $240,000 a year or less: take 40% of the parties’ combined monthly adjusted gross income, subtract the lower earner’s monthly adjusted gross income, and multiply the result by 80% if combined monthly income is $10,000 or less, or by 75% if it is more than $10,000. A negative result is zero. Example: $14,000 and $4,000 a month gives a guideline of $2,400 a month.
How long does maintenance last in Colorado?
The guideline term runs from 31% of the length of the marriage at three years up to 50% at twelve and a half years, and stays at 50% through twenty years. A twelve-year marriage suggests about 71 months. Under three years there is no guideline term. Over twenty years the court may set a term or make maintenance indefinite. The term is a separate finding from the amount, and it is where most of the money is.
Is alimony the same thing as maintenance in Colorado?
Yes. Colorado’s statute uses the word maintenance for what other states call alimony or spousal support. Same formula, same factors, same court. If you searched for an alimony calculator or a spousal support calculator, this is the calculation.
What if our combined income is over $240,000?
By statute the guideline calculation does not apply. Above $240,000 of combined annual adjusted gross income the court sets the amount from the statutory factors and the evidence, and it may still look at the guideline term. In practice both sides run the formula on the larger number anyway, as the reference point the negotiation starts from; the calculator on this page does the same and flags the result as above the line. A judge is not bound by that figure, and the case becomes an evidence case: lifestyle, need, earning capacity on both sides, and the property each spouse takes.
What income does the formula use?
Monthly adjusted gross income: gross income from any source, including salary, bonuses, commissions, self-employment and business income, dividends, interest, rents and pension income, minus maintenance or child support already being paid under another order. Child support received is not income. If a spouse is voluntarily unemployed or underemployed, the court can use potential income instead of reported income.
Is maintenance tax-deductible in Colorado?
Not for orders entered after December 31, 2018. The payor pays with after-tax dollars and the recipient does not report it as income. That is the reason the formula multiplies by 75% or 80%: the statute’s way of accounting for the lost deduction. Agreements from 2018 or earlier can still be deductible, which is one reason the words in an old decree matter.
Does the calculator include child support?
No. Child support is a separate calculation under C.R.S. 14-10-115, and maintenance is figured first. Maintenance paid is then treated as income to the recipient and deducted from the payor in the child support worksheet, grossed up by 1.25 or 1.33 because it is not taxable, so the two numbers move together. Run maintenance first, then child support.
Can a judge order a different number than the calculator?
Yes, and judges do. The court can find that no maintenance is warranted at all, award less or more than the guideline, set a shorter or longer term, order a step-down, or award property in place of maintenance. It has to explain the result with findings on the statutory factors, and an award without them can be reversed.
Does the formula apply to temporary maintenance while the divorce is pending?
The same guideline amount is the starting point for temporary orders, though the guideline term does not apply to them. The months you pay under a temporary order are then a factor in the final award. That is why the first number tends to stick, and why the record on need and earning capacity should exist before the temporary orders hearing, not after.