Spousal support in Colorado is now called maintenance. It also used to be called alimony. That language has changed in the statute. Maintenance is calculated in Colorado based on a statutory formula where 40% of the higher earner’s gross income is offset by 50% of the lower income gross earnings. There are some other factors that go into the calculation of maintenance, including the need of a particular party for maintenance, the ability to work, the standard of living that the parties used to have during the course of the marriage, the ability of one party to take care of needs or other costs in their life, or ultimately be able to be on their own after the divorce is concluded.
One other factor that the court considers in the calculation of maintenance is the amount of assets that a party would have received, and whether those assets allow you to take care of yourself and have funds to live life and continue to maintain a standard of living after a divorce. The court will take all of those factors and the statutory calculations and determine whether or not a party is to receive maintenance, and how much that maintenance could be. If you have any other further questions about maintenance, we’d be happy to help you go through it here at Miller & Steiert.