Maintenance, Alimony, & Spousal Support
This is the financial support provided by one spouse for the other. Maintenance can be awarded in many circumstances, for instance where one spouse assists the other in obtaining an education, where one spouse requires time or training to become employed, or where there is substantial discrepancy between the incomes of the parties.
As of January 1, 2014, Colorado law provides courts with discretionary advisory guidelines for determining the amount and term of maintenance payments based on such factors as the incomes of the spouses and the length of the marriage. The advisory guideline amount of support is arrived at by taking 40% of the higher income earner’s monthly adjusted gross income less 50% of the lower income earner’s monthly adjusted gross income providing that the total amount of support of the recipient cannot exceed 40% of the total combined monthly adjusted gross income of both parties. Courts may also consider other factors like the financial resources of the parties and the lifestyle during the marriage in applying these guidelines on a case-by-case basis.
Unlike child support, maintenance is tax deductible by the paying spouse and is taxable income to the receiving spouse.