Spousal Maintenance Attorney in Colorado Springs

Former Prosecutor. Military Backgrounds. 1,000+ Cases Handled.

Spousal maintenance is one of the most financially consequential issues in a Colorado divorce. What a court orders today can shape a client’s finances for years or indefinitely, and the margin between a well-prepared case and an underprepared one is often the difference between an equitable outcome and a costly one.

At Aviso Law, our alimony attorneys in Colorado Springs have been establishing, modifying, and terminating spousal maintenance orders since 2015. With over 50 years of combined experience, more than 1,000 cases handled, and a team that includes a former prosecutor and attorneys with military service records, we bring a depth of perspective that shapes how we approach every case. We offer a free initial phone consultation, virtual consultations, and affordable rates so quality legal representation is within reach from the start.

If you’re facing a spousal maintenance dispute in El Paso County, contact us today for a free initial phone consultation. Call (719) 356-5552.

Understanding Spousal Maintenance Laws in Colorado

Colorado’s approach to spousal maintenance (also called alimony or spousal support) is structured but not mandatory. Before applying any formula, the court must first determine whether maintenance is warranted at all, based on the requesting spouse’s need and the other spouse’s ability to pay. The court may award maintenance in a legal separation or declaration of invalidity of marriage only if requested by a party.

For marriages of at least three years where the parties’ combined annual adjusted gross income does not exceed $240,000, Colorado uses an advisory formula to calculate the amount:

Advisory Maintenance Amount = 40% x (Combined Adjusted Monthly Gross Income) − (Lower-Earning Spouse’s Adjusted Monthly Gross Income)

This formula is a starting point, not a mandate. The court won’t allow the resulting payment to leave the higher-earning spouse unable to meet their own reasonable needs, and maintenance is frequently one of the most contested issues in a Colorado divorce.

Key Factors That Can Override the Advisory Formula

A Colorado Springs court has full discretion to deviate from the advisory guidelines if the resulting amount or duration would be unfair or inequitable. We develop arguments based on the statutory factors at C.R.S. 14-10-114 to advocate for deviation when the facts of your case support it.

The court must consider the totality of the circumstances, including:

• Financial Resources of Both Parties: Including the marital property apportioned to each spouse and the income potential from separate property.
• Standard of Living: The reasonable lifestyle established during the marriage.
• Earning Capacity and Employability: The income, employment, and employability of the parties, including the time and expense needed for one spouse to gain education or training.
• Age and Health: The age and health status of each party, particularly as they relate to future earning potential or need.
• Contributions to the Marriage: Economic or non-economic contributions, such as career sacrifices made for the family or the other spouse’s advancement.
• Duration of the Marriage: A primary factor influencing both the amount and term of any award.

We use these factors to craft individualized arguments for El Paso County judges, presenting your case in a way that reflects your specific circumstances rather than relying on what broad formula outputs capture.

Types of Spousal Maintenance & How Long Each Lasts

Unlike child support, spousal maintenance doesn’t follow a single fixed timeline. Duration depends on the type of award, the length of the marriage, and the financial realities of both parties.

Types of Spousal Maintenance

Colorado courts may award several types of maintenance, each with its own duration logic:

• Temporary spousal maintenance is awarded during divorce proceedings to help one spouse manage financial needs while the case is pending. It ends when final orders are entered.
• Rehabilitative spousal maintenance supports a spouse who needs time, education, or training to become self-sufficient. The duration is tied to an anticipated timeline for achieving financial independence and varies by case.
• Permanent spousal maintenance may be awarded in long-term marriages where one spouse can’t realistically become self-sufficient due to age, health, or other circumstances. It can continue indefinitely but remains subject to modification or termination based on changed circumstances.
• Reimbursement spousal maintenance compensates a spouse who funded the other’s education or career advancement during the marriage.
• Lump-sum spousal maintenance replaces periodic payments with a single payment, providing a clean financial break. Courts may order this when both parties prefer finality over ongoing support obligations.

How Duration Is Calculated

For marriages of three to twenty years, Colorado guidelines suggest a duration expressed as a percentage of the marriage length. Marriages exceeding twenty years may result in indefinite maintenance depending on the circumstances. Maintenance doesn’t automatically end unless the recipient remarries or either party dies. Cohabitation with a new partner doesn’t automatically terminate maintenance under current Colorado law, though it may support a petition for modification.

At Aviso Law, we can help you understand how these rules apply to your situation. Whether you’re entering the process for the first time or facing a change in circumstances that warrants revisiting an existing order, we can guide you through each step.

Tax Implications of Spousal Maintenance in Colorado Springs

The 2017 Tax Cuts and Jobs Act significantly changed how spousal maintenance is treated for federal income tax purposes, and the rules that apply depend on when your agreement was finalized.

For divorce or separation agreements finalized after December 31, 2018, the paying spouse can’t deduct maintenance payments on federal taxes, and the receiving spouse doesn’t report them as taxable income. For agreements finalized before January 1, 2019, the prior rules still apply: payments are deductible for the payor and count as taxable income for the recipient, unless the agreement is later modified and both parties elect to apply the new treatment.

Because the payor no longer receives a deduction under the post-2018 rules, the net cost of a given maintenance amount is higher than it was under prior law. This affects what amounts are realistic to negotiate and what a court may find equitable when assessing after-tax income. We recommend working with a tax professional alongside legal counsel when structuring or evaluating a proposed maintenance arrangement.

The Colorado Springs Court Process & Enforcement

Spousal maintenance issues in Colorado Springs are litigated in the El Paso County Combined Courts. The process requires accurate financial disclosure and a clear legal strategy from the outset.

• Financial Disclosure: Both parties must provide complete and accurate financial affidavits detailing income, assets, and expenses. We review the opposing party’s disclosures carefully to identify all sources of income, including imputed income and underemployment situations that may affect the maintenance calculation.
• Negotiation: We prioritize negotiation through mediation or settlement conferences. An agreement reached by the parties is generally favored by the court and allows for greater flexibility on amount and duration than the advisory guidelines provide.
• Litigation: If settlement isn’t reached, we present a fully prepared case at the Permanent Orders Hearing, with testimony and evidence on all C.R.S. 14-10-114 factors.

Modification & Termination

If your financial circumstances substantially change after an order is entered, such as a job loss, significant raise, or retirement, we help you petition the court for modification or termination. When an ordered payment goes unpaid, available enforcement tools include contempt of court proceedings, wage garnishment, property liens, and tax-return interception.

How Military Service Affects Spousal Maintenance in Colorado Springs

Colorado Springs is home to Fort Carson, Peterson Space Force Base, and Schriever Space Force Base, which makes military divorces and military-affected maintenance cases common in El Paso County. Deployments can affect a service member’s income and financial stability in ways that directly influence maintenance calculations, and federal law adds another layer of complexity that many family law practitioners don’t always navigate well.

Aviso Law includes attorneys with military service records, giving our firm direct familiarity with military pay structures, housing allowances (BAH), and how active duty status appears in El Paso County financial affidavits. We counsel clients through issues particular to military divorces, including adjustments to maintenance during deployment and the division of military benefits.

The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement benefits are treated in divorce and can influence maintenance calculations. Our background lets us address these issues with the precision El Paso County judges expect in military-connected cases.