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By Rich Harris, The Harris Law Firm, P.C.
Definition
In Colorado, “Maintenance” is the term for spousal support or alimony. A Court’s decision to award maintenance to one party is made on a case by case basis, and is dependent on several factors:
- Initially the party requesting maintenance must show that he or she does not have the means to provide for his or her reasonable needs
- It must also be shown that he or she has an inability to support themselves through appropriate employment
Once that standard is met, the Court will also consider factors that include:
- The length of the marriage
- The age and physical condition of the party seeking maintenance
- The ability for the spouse to obtain education or training
- The ability of the other party to pay maintenance
The amount of maintenance can be negotiated and agreed upon by the parties involved as long as it is not unconscionable. Additionally, maintenance can always be waived and a party can use the waiver of maintenance as a bargaining tool to receive a particular marital asset or some other benefit. Maintenance usually ranges from 3-5 years, but is dependent on the above noted factors and can vary significantly.
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