Spousal Maintenance and Allegations of Domestic Abuse in Colorado Divorce

Are you involved in a Colorado divorce or family law proceeding involving domestic abuse and spousal maintenance? An experienced Colorado Springs divorce attorney can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

In determining a maintenance award, the Court examines a variety of factors. Among the more important are the gross incomes of both parties and the length of the marriage. A court may consider potential incomes of the parties if one or both are unemployed or underemployed. In these cases, income may be imputed to a spouse for purposes of a maintenance award.

Marital fault previously did not impact a maintenance award, with the exception that spouses could be held responsible for economic misconduct related to depriving the other spouse of assets. Generally, Colorado is a no-fault divorce state. However, in August 2025, CRS §14-10-114 was amended to require courts to consider domestic violence in maintenance awards. This modification arose in part out of concern for the fact that an abuse victim might be required to financially support an abuser. There are many different kinds of abuse to be considered, such as litigation abuse, domestic violence, coercive control, unlawful sexual behavior, and economic abuse.

A maintenance award is discretionary and depends on a payor’s ability to support him or herself as well as the needs of the dependent spouse. For example, “the Court shall award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property, including marital property apportioned to him or her, to provide for his or her reasonable needs and is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it inappropriate for the spouse to be required to seek employment outside the home.”

If maintenance is found appropriate after consideration of the initial factors, then there are additional factors for the Court to consider with regards to determining the amount and term of maintenance. Per C.R.S. § 14-10-114(3)(a), the basic factors follow:

(I) Determination of maintenance. When a party has requested maintenance in a dissolution of marriage, legal separation, or declaration of invalidity proceeding, prior to granting or denying an award of maintenance, the Court shall make initial written or oral findings concerning:

(A) The amount of each party’s gross income;

(B) The marital property apportioned to each party;

(C) The financial resources of each party, including but not limited to the actual or potential income from separate or marital property;

(D) Reasonable financial need as established during the marriage; and

(E) Whether maintenance awarded pursuant to this section would be deductible for federal income tax purposes by the payor and taxable income to the recipient.

(II) After making the initial findings described in subparagraph (I) of this paragraph (a), the Court shall determine the amount and term of the maintenance award, if any, that is fair and equitable to both parties after considering:

(A) The guideline amount and term of maintenance set forth in paragraph (b) of this subsection (3), if applicable, based upon the duration of the marriage and the combined gross incomes of the parties;

(B) The factors relating to the amount and term of maintenance set forth in paragraph (c) of this subsection (3); and

(C) Whether the party seeking maintenance has met the requirement for a maintenance award pursuant to paragraph (d) of this subsection (3).

After determining whether maintenance should be awarded, there are a secondary set of factors that a court will examine to determine an appropriate length and amount of maintenance. Maintenance can last indefinitely or for a specific period of time. Indefinite maintenance may be a consideration in marriages of 20 or more years. For practical purposes, permanent maintenance is generally reserved for those without employment prospects. Additionally, in marriages of 20 or more years, if the Court enters a maintenance award for less than 10 years, it must make specific findings. Generally, maintenance may be awarded if the parties were married for at least three years, though there are exceptions that allow earlier awards. For example, if a spouse gave up employment in another state to relocate with the other spouse and/or raise a family, it is possible that maintenance could be awarded for a marriage of shorter duration.

Courts have great discretion in determining the amount and length of spousal maintenance. The maintenance calculation is based generally on the parties’ combined income levels. In general, maintenance is 40 percent of the parties’ combined monthly adjusted gross income minus the lower party’s monthly adjusted gross income. There are software programs on the market that will calculate spousal maintenance. If the parties’ combined adjusted gross annual income exceeds $240,000, then the guidelines do not apply and courts have even more discretion in maintenance awards. However, courts often still utilize the guidelines and award maintenance for at least half of the duration of the marriage. Application of the guidelines is at least presumptively fair.

C.R.S. § 14-10-114(3)(c)(I)–(XIII) provides a non-exclusive list of factors the Court should consider:

(1) The financial resources of the recipient and payor spouses, including actual or potential income, and the ability of the recipient spouse to meet his or her needs independently;

(2) The lifestyle of the parties during the marriage;

(3) The distribution of marital property, including whether additional marital property may be awarded to reduce or alleviate the need for maintenance;

(4) Both parties’ income, employment, and employability, obtainable through reasonable diligence and additional training or education, if necessary, and any necessary reduction in employment due to the needs of an unemancipated child of the marriage or the circumstances of the parties;

(5) Whether one party has historically earned higher or lower income than the income reflected at the time of permanent orders and the duration and consistency of income from overtime or secondary employment;

(6) The duration of the marriage;

(7) The amount of temporary maintenance and the number of months that temporary maintenance was paid to the recipient spouse;

(8) The age and health of the parties, including consideration of significant healthcare needs or uninsured or unreimbursed healthcare expenses;

(9) Significant economic or noneconomic contribution to the marriage or to the economic, educational, or occupational advancement of a party, including but not limited to completing an education or job training, payment by one spouse of the other spouse’s separate debts, or enhancement of the other spouse’s personal or real property;

(10) Whether the circumstances of the parties at the time of permanent orders warrant the award of a nominal amount of maintenance in order to preserve a claim of maintenance in the future;

(11) Whether the maintenance is deductible for federal income tax purposes by the payor and taxable income to the recipient, and any adjustments to the amount of maintenance to equitably allocate the tax burden between the parties;

(12) Whether a spouse has engaged in domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, physical abuse, or unlawful sexual behavior against the other spouse; and

(13) Any other factor that the Court deems relevant.

With regards to allegations of abuse, protection orders for five years must be disclosed when filing for dissolution of marriage, whereas previously only three years were required to be disclosed. CRS §14-10-117.8. Protection orders are helpful for establishing abuse, though not all victims obtain them. The following are some definitions of abuse for spousal maintenance determinations per C.R.S. § 14-10-103(1.5):

"Coercive control" — has the same meaning as set forth in section 14-10-124(1.3).

"Domestic violence" — has the same meaning as set forth in section 14-10-124(1.3).

"Economic abuse" is “behavior that is coercive, deceptive, or manipulative, or that restrains, sabotages, or unreasonably controls a person's ability to acquire, use, or maintain economic resources, including using coercion, threat of harm, force, fraud, or manipulation to:

• Restrict access to money, assets, credit, or financial information;
• Steal or unfairly use economic resources;
• Use credit or property without authorization;
• Prevent a person from leaving their residence to attend school or employment;
• Exploit resources for personal gain;
• Withhold individual resources (food, clothing, medications, shelter);
• Cause or attempt to cause financial dependency; or
• Exert undue influence over financial behavior or decisions, including forcing default on financial obligations, exploiting powers of attorney/guardianship/conservatorship, or threatening to expose suspected citizenship or immigration status.”

"Unlawful sexual behavior" — has the same meaning as set forth in section 16-22-102.

Courts will be expected to make detailed findings when finding abuse that has risen to the level to counter the advisory maintenance guidelines. When abuse is raised, Courts my make findings on: (1) whether abuse occurred; (2) the nature, severity, frequency, and duration of the abuse; (3) whether the abuse affected the economic circumstances of either party; (4) whether the abuse has been addressed through other remedies; and (5) how the abuse factor affects the amount or term of maintenance in light of the other statutory factors. Clients should expect to present all of this information to the court.

Life involves change - people change and relationships change. Sabra Janko is a highly knowledgeable and experienced Colorado Springs divorce attorney who can guide you through Colorado Springs divorce and retirement matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures. Sabra also actively assists clients in negotiating solutions giving them more control over the outcome of their action than leaving the decision up to the court process. However, if we go to court, we put on our best case there.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.