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What are the laws governing divorce in Colorado from a financial point of view including spousal support?

Anonymous Jun 16, 2015 Divorce 9 views 3 answers

In particular, a spouse which has physical limitations and has not worked for many years but has the capacity to work, how does that factor enter into the spousal support award?

Attorney Answers

Robert Vance SalterDivorce / Separation LawyerWheat Ridge, CO

Robert Vance SalterDivorce / Separation LawyerWheat Ridge, CO · Jun 15, 2026

Basically, if you believe that the spouse could work, but hasn't done so, you may need to have an occupational evaluation done to show the Court that the spouse is capable of working and should be imputed a higher income for purposes of calculating spousal support. Otherwise, the Court is likely to believe their testimony that they are disabled and unable to work. This is a complex issue and it would be a good idea to work with an experienced family law attorney if there is significant money at stake.

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Thomas A Ramunda Jr.Divorce / Separation LawyerParker, CO

Thomas A Ramunda Jr.Divorce / Separation LawyerParker, CO · Jun 15, 2026

In a Colorado divorce/ legal separation, the Court’s will determine whether to award one spouse, "maintenance/alimony, and also known as "spousal support". The maintenance statute changed in 2013 and the statute was meant to enhance maintenance award predictability and increase the opportunity for settlement. Generally, “Spousal Support” is intended to assist a spouse who lacks sufficient property to provide for his/her reasonable needs, and is unable to support himself/herself through employment. There is no automatic right to spousal support in Colorado, even if one spouse needs it. Rather, the Colorado divorce court will look at a variety of factors set out in C.R.S. 14-10-114, such as the parties' standard of living before the marriage, and the other spouse's ability to pay before deciding whether alimony is appropriate under Colorado law. The Colorado Courts will apply a different standard in determining an amount when the matter is pending, or interim support, versus a determination ant the final hearing. If one party is to work or is underemployed, the Court can impute an income to this party based on what they should or could be making.

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