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Alimony, legally referred to as spousal maintenance in Colorado, is often a critical part of divorce settlements. However, financial and personal circumstances change over time, leading many to wonder: Can alimony be modified or terminated in Colorado? The answer depends on various factors, including the original court order, changes in financial circumstances, and whether both parties agree to an adjustment. If you are seeking to modify or terminate your alimony obligations, consulting a Denver alimony lawyer is crucial to understanding your legal options and navigating the process effectively.
In Colorado, spousal maintenance is governed by C.R.S. § 14-10-114, which outlines the factors courts consider when awarding and modifying alimony. The law recognizes that while alimony helps balance financial disparities after divorce, long-term or permanent maintenance is not guaranteed. Courts can award:
Temporary Alimony – Support paid during divorce proceedings.
Rehabilitative Alimony – Support meant to help a spouse become financially independent.
Long-Term Alimony – Granted in long marriages where financial disparity is significant.
While many spousal maintenance orders specify the amount and duration, they may also include provisions regarding modification or termination.
Under Colorado law, alimony can be modified if the requesting party can prove a "substantial and continuing change in circumstances" that makes the original order unfair. A Denver alimony lawyer can help determine whether your situation meets the legal threshold for modification.
1. Significant Change in Income
If either spouse experiences a substantial increase or decrease in income, it may warrant an alimony modification. For example:
If the paying spouse loses their job or suffers a severe financial setback, they may petition for lower payments.
If the receiving spouse gets a high-paying job, the paying spouse may request a reduction or termination of payments.
2. Health Issues or Disability
If the paying spouse develops a serious illness or disability that significantly impacts their ability to work and earn income, they may seek a modification. Similarly, if the recipient spouse suffers a medical condition preventing them from working, they may request increased support.
3. Cohabitation of the Recipient Spouse
Colorado law allows alimony to be modified or terminated if the recipient spouse begins living with a new partner in a marriage-like relationship. The court will assess whether the new living arrangement significantly reduces the recipient’s financial needs.
4. Retirement of the Paying Spouse
If the paying spouse retires at a reasonable age, they may request a reduction or termination of spousal maintenance based on their reduced income. Courts evaluate whether the retirement was voluntary or involuntary and if it was anticipated at the time of divorce.
5. Cost of Living Adjustments
If the original order did not include cost-of-living adjustments (COLA), either spouse may request a modification based on inflation or economic changes affecting financial stability.
There are specific situations where spousal maintenance automatically terminates or can be legally ended by petitioning the court. These include:
1. Remarriage of the Recipient Spouse
Per C.R.S. § 14-10-122, alimony automatically ends when the receiving spouse remarries, unless otherwise specified in the divorce decree. The paying spouse does not need to file a court motion—payments stop on the date of remarriage.
2. Death of Either Party
Alimony obligations end upon the death of either spouse unless the court order states otherwise. Some divorce agreements include provisions for life insurance policies to continue payments if the paying spouse dies.
3. Expiration of the Alimony Term
If the court ordered temporary or rehabilitative alimony, payments automatically stop when the agreed-upon term expires. If the recipient spouse believes they still require support, they must request an extension before the original order ends.
To change or end alimony, the requesting spouse must file a motion for modification of maintenance in the Colorado family court that issued the original order. This process typically involves:
1. Filing a Formal Petition – The requesting spouse must present evidence of a substantial and continuing change in circumstances.
2. Serving the Other Party – The opposing spouse has the right to contest the modification request.
3. Court Hearing – A judge will review financial documents, employment status, health conditions, and other factors before making a decision.
4. Issuance of a New Order – If the court finds modification necessary, it will adjust the alimony payments accordingly.
Working with a Denver alimony lawyer ensures your petition is well-prepared and backed by strong evidence.
In some cases, alimony orders cannot be modified if both spouses agreed to non-modifiable maintenance in the divorce decree. This is common in high-net-worth divorces where parties negotiate a lump-sum alimony payment in exchange for no future modifications. If your agreement includes a non-modification clause, it is legally binding unless both parties agree otherwise.
Alimony modification cases are often complex, requiring substantial financial evidence and legal arguments. Whether you are seeking to reduce, increase, or terminate spousal maintenance, a Denver alimony lawyer can guide you through the process, ensuring your rights are protected.
At Baker Law Group, we help clients navigate Colorado’s alimony laws and advocate for fair financial outcomes. If your financial situation has changed, or if you believe your alimony obligations should end, contact us today for a consultation.
If you need assistance modifying or terminating alimony, Baker Law Group is here to help. Our experienced Denver alimony lawyers provide strategic legal guidance to ensure the best possible outcome for your case.
Call us today or schedule a consultation online to discuss your options for alimony modification in Colorado.
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