Importantly, this formula for Colorado maintenance only applies:
- if maintenance is requested by one of the divorcing parties;
- to determine an amount while a Colorado divorce case is pending (this is called
“temporary” maintenance as distinct from maintenance continuing after the
divorce); and
- if the parties’ combined annual income is $75,000 or less.
The new Colorado law does not govern maintenance awards for parties with combined annual incomes greater than $75,000.
The law
merely fixes, by formula, temporary maintenance for those parties within these
income limits, who are unable to come to their own agreement regarding spousal
support.
(If the parties’ combined annual income is $75,000 or more, the ordinary
approach of Colorado law to determining spousal maintenance applies. In this
approach, the Colorado judge has considerable discretion to determine an appropriate
amount, considering a number of statutory factors including:
- both parties’
financial circumstances,
- their standard of living during the marriage,
- their
emotional and physical health, and
- their prior education, training, work experience
and earning capacities.)
The New Colorado Maintenance Law's Formula
The new Colorado maintenance divorce law fixes temporary maintenance by the following formula:
- 40% of the higher income party’s adjusted gross income
less
- 50% of the lower income party’s adjusted gross income.
Certain adjustments are required for prior family support obligations, and no
temporary maintenance is presumed if this formula results in a negative number.
The Colorado judge must order this amount when requested, unless he or she makes findings
that this amount would be unfair (and giving specific reasons for ordering a
different amount).
Colorado Maintenance Issues In Mediation
This new Colorado maintenance law still allows divorcing parties in mediation or otherwise
to “waive” this formula approach to temporary Colorado maintenance, and to agree
in writing to a different amount that seems best, given the circumstances of
their family.
Moreover, mediating parties often focus their efforts on their final
divorce agreements and decide not to submit to the Court any agreements regarding
temporary arrangements and support. (This can result in a more efficient
conclusion of your Colorado divorce. However, there can be enforcement and security
issues or tax circumstances which make Court approval of temporary agreements desirable
or essential to you and/or your spouse.)
If no temporary court orders
are desired by the parties, this change in Colorado divorce law regarding
temporary spousal maintenance may be of little importance.
(For more information about how mediation works in the context of Colorado divorce, child custody, support or other parenting disputes, see our site's Why Choose Divorce Mediation and (Colorado Divorce Mediation) Questions & Myths sections.)
Divorce Law Caution
Please carefully review the information at the disclaimer link below. This information is only an
overview of this change to Colorado maintenance and divorce law. All Colorado divorce-related support matters, and especially
spousal support or maintenance planning, are highly
dependent on your family’s unique circumstances and should be carefully considered by you and/or your spouse with a Colorado divorce professional.
Also, see our “Spotlight”
or other feature articles, where we discuss in detail other Colorado legal, procedural (including
divorce law and family mediation) or parenting topics. Presently, we look in
depth at: