Why Spousal Maintenance May Have Been Denied In Colorado

Spousal maintenance is Colorado’s term for what’s more commonly called alimony. Spousal maintenance is typically an order requiring the higher-earning spouse to pay a monthly sum to the lower-earning or non-earning spouse for a specific period after a divorce, or until the other spouse becomes self-sufficient. Depending on the unique circumstances presented to the court during a Colorado divorce, the judge may approve or deny a request for spousal maintenance.

If the court denied your request for spousal maintenance in Colorado, it’s important to understand what the court considers when making these decisions.

Understanding Spousal Maintenance Orders In Colorado

Under CO Rev Stat § 14-10-114 (2024), Colorado’s divorce law states the following:

“The general assembly hereby finds that the economic lives of spouses are frequently closely intertwined in marriage and that it is often impossible to later segregate the respective decisions and contributions of the spouses; and consequently, awarding spousal maintenance may be appropriate if a spouse needs support and the other spouse has the ability to pay support.

The framework for determining spousal maintenance in Colorado considers the following:

• Each party’s total gross income
• The share of marital assets and property distributed to each spouse
• Each party’s financial resources
• Each spouse’s earning potential or ability
• One party’s reasonable financial needs
• Tax considerations for both spouses

While child support is a legal obligation for parents in Colorado divorces, spousal maintenance is not automatically awarded in every case. Instead, one spouse may request support and must clearly demonstrate that receiving support is fair and that the other spouse can pay the spousal maintenance without suffering financial hardship.

Why Did the Court Deny My Request for Spousal Maintenance in Colorado?

In some Colorado divorces, the spouses create a settlement agreement that covers all divorce terms, including spousal maintenance, with assistance from their attorneys and through professional mediation. When spouses reach an agreement, the judge typically signs it into binding orders in an uncontested divorce. Unfortunately, not all spouses can reach a mutually acceptable agreement, particularly on contentious issues such as spousal maintenance. In these cases, both parties take their disputes before a Colorado judge in a contested divorce.

A court may deny a request for spousal maintenance for reasons such as:

• There is insufficient evidence of income disparity between the spouses
• The judge may find that the spouse who requests support has enough financial resources to support themselves
• The divorce order for distribution of marital assets leaves the lower-earning spouse with enough resources for self-sufficiency
• The other spouse does not have adequate income or resources to pay the support without suffering unreasonable financial hardship
• The age and earning abilities of both spouses are important; for instance, if the higher-earning spouse is soon to retire or has substantial medical needs, the court may consider them ineligible to pay child support
• The marriage was of short duration and not eligible for a spousal support order because the spouses had limited time to combine income, or accumulate assets and debts

When a Colorado court denies or approves a request for spousal maintenance, the judge must provide sufficient reasons for their decision through a written or oral disclosure of the court’s findings.

How Can a Colorado Divorce Lawyer Help Me?

A professional divorce attorney in Denver can evaluate your request for spousal maintenance before you take your case to court or provide legal representation during an appeal of the judge’s denial. A successful appeal requires compelling evidence showing that the judge abused their discretion in issuing a denial or that an error occurred in the legal process. Call or contact Ciancio Ciancio Brown, P.C., to learn more about your legal options during a divorce in Colorado.