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A spousal support lawyer in Fort Collins at Modern Family Law handles every part of spousal maintenance, whether you may pay it or receive it. We'll help you understand what to expect, build a plan and enforce court orders when the other side doesn't follow them. Fort Collins cases are heard at the Larimer County Justice Center, and your first consultation is free. If you're having a hard time, we want to help.
Spousal maintenance (often called alimony) is one of the most important financial parts of a divorce. It's money one spouse pays the other, set by agreement or court order, to help with the transition after separation. It exists because couples often build one household on shared income, and one spouse may have stepped back from work to raise children or support the other's career.
Whether you want a second opinion or just more information, call us today. Our Fort Collins family law attorneys will be happy to answer your questions during your free consultation.
Schedule a Free ConsultationColorado law calls it spousal maintenance, though most people say alimony or spousal support. It's often ordered when one spouse earns significantly more than the other, to help the lower-earning spouse during the transition to single life, whether or not the couple has children. Colorado uses an advisory guideline (C.R.S. § 14-10-114) when combined gross income is $240,000 a year or less and the marriage lasted at least three years: take 40% of combined monthly adjusted gross income, subtract the lower earner's income, then apply an 80% or 75% tax adjustment.
For example, if one spouse earns $4,800 a month and the other earns $2,200, 40% of the total is $2,800. Subtract $2,200 to get $600, and the 80% adjustment brings the guideline to about $480 a month. If the lower earner already makes 40% or more of combined income, the guideline is zero.
If you and your spouse agree on maintenance, you can put the terms in a written agreement for the court to approve. Agreements can differ from the guideline, such as a lump sum or a trade with property. If you can't agree, either spouse can ask the court to decide. You'll raise it in your petition or response, and each spouse files a JDF 1111 Sworn Financial Statement within 42 days.
You can request temporary maintenance while a divorce or legal separation case is open, then final maintenance as part of your decree. When deciding final maintenance, the judge starts with the guideline and weighs factors like each spouse's income and earning ability, the length of the marriage, the standard of living during the marriage, property division, and each spouse's health.
Colorado's guideline ties the length to the length of the marriage. A 36-month marriage points to 11 months of payments, and a 10-year marriage points to 54 months. From 12.5 years on, the term is half the length of the marriage, reaching 120 months for a 20-year marriage. For longer marriages, the court has more discretion. Maintenance generally ends when either spouse dies or the receiving spouse remarries, unless you agreed otherwise in writing. In 2026, the Colorado Supreme Court agreed to review how clearly that agreement must be stated, so careful wording matters.
Try Our Colorado Spousal Support CalculatorIf you have children, child support is usually decided alongside spousal maintenance. Child support is money one parent pays the other to help cover the children's needs, including housing, school costs and everyday living. Work-related child care and health insurance costs are added to the basic amount and shared between parents.
Colorado uses an income shares guideline based mainly on both parents' gross incomes and the number of overnights each parent has. Bonuses, overtime and self-employment income can count. In Colorado, maintenance is calculated first: it's added to the receiving parent's income and subtracted from the paying parent's income before child support is figured, so the two affect each other.
To get a child support order, you need a court case, such as a divorce, legal separation or allocation of parental responsibilities case, or you can open a case with Larimer County Child Support Services. Child support doesn't end if the receiving parent remarries. It generally continues until the child turns 19, or longer if they're still in high school. Estimate an amount with our Colorado child support calculator.
Custody and child support are separate orders, but they're closely connected. The number of overnights your children spend with each parent is one of the main inputs in Colorado's child support formula, so a change in your parenting schedule can change the amount of support, too. Planning your parenting schedule and support together helps avoid surprises.
To learn how parenting time and decision-making work, visit our Fort Collins child custody lawyers page.
If the other parent or your former spouse doesn't pay court-ordered support, you have options. You can ask the Larimer County court to enforce the order, and Larimer County Child Support Services can help collect child support. Common enforcement tools include wage withholding, intercepting tax refunds, liens on property, suspending a driver's or professional license, and contempt of court. Keep a clear record of every payment, because it makes enforcement much easier.
Our Fort Collins spousal support attorneys understand how overwhelming the support process can be. We'll listen to the specifics of your case, pay close attention to your concerns and goals, and give you clear, practical guidance to help you through this difficult time and make the best decisions for your family.
Frequently asked questions
There's no automatic rule, and marital misconduct isn't considered. A judge looks at the gap in incomes, each spouse's ability to work, the length of the marriage and the standard of living you shared. A spouse who earns much less, or who stepped back from work to raise children, is more likely to receive support. Marriages under three years fall outside the guideline.
Usually, yes. Self-employment, seasonal, farm and bonus income generally count toward gross income for maintenance. How that income is averaged over time, and which business expenses are deducted, can change the result. If a spouse earns less than they reasonably could, the court may also consider earning potential. Talk with an attorney before agreeing to a number.
Yes, usually. If there's a substantial and continuing change, like a job loss, retirement or a change in parenting time, either party can ask the court to modify child support or modifiable maintenance (C.R.S. § 14-10-122). Changes generally apply only from the date the request is filed, so file promptly. Non-modifiable maintenance agreements usually can't be changed.
For divorce and separation agreements made after 2018, maintenance generally isn't deductible for the payer or taxable for the recipient under federal law. That's why Colorado's guideline applies an 80% or 75% adjustment. Orders made earlier may follow the old tax rules, so check with a tax professional about your situation.
You might. With equal parenting time, Colorado's guideline still compares both parents' incomes, so the higher-earning parent usually pays some support. The amount is often lower than with an unequal schedule. Learn more about how custody works in Fort Collins on our child custody page.
There's a lot to think about in a support case, and you probably have plenty of questions. Our Fort Collins family law attorneys are here to help. The best place to start is a conversation with an attorney who can explain what to expect in your situation.
Every situation is different, and there's no one-size-fits-all solution to support. That's why we take the time to understand your income, expenses and goals before giving any advice. We represent both spouses who may pay support and spouses who may receive it.
We represent our Fort Collins clients in court, negotiate with the other side and guide them through every step. Our experience as litigators and negotiators helps us choose the right approach for each case, from beginning to end. We also understand the financial burden family law matters can bring. Our SimpleStart™ program gives qualified clients a way to reduce the money needed to start their case, and we explain our transparent fees up front.
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Support cases have many parts, and every case is different. You don't need to understand every detail, but the more you know, the easier the process will be.
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We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
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