August 31, 2023
In Colorado, the modification of spousal maintenance (also known as alimony) is governed by statute, specifically C.R.S. § 14-10-122. Generally speaking, a court may modify a spousal maintenance award only if there has been a substantial and continuing change in circumstances that makes the terms unfair. Common examples of such changes may include:
- Loss of employment or significant decrease in income
- Substantial increase in income of either party
- Serious illness or disability
- Remarriage or cohabitation of the recipient spouse
The party seeking the modification usually has the burden of proof to show that the change in circumstances warrants a modification. Typically, temporary changes, such as short-term job loss, might not be considered “continuing” and may not justify a modification. Additionally, it’s important to check the original divorce or separation agreement, as some couples include clauses that specify the conditions under which spousal maintenance can be modified or that make the maintenance “non-modifiable.”
Please note that this is a simplified overview, and legal standards can be complex. For legal advice tailored to your specific situation, it’s best to consult with an attorney experienced in Colorado family law.
Disclaimer: The content in this article is for informational purposes only and should not be construed as legal advice. Always consult with a qualified attorney for legal matters.