Chapter 3 - § 3.7 • MAINTENANCE

• Jurisdiction: Colorado

§ 3.7 • MAINTENANCE

Maintenance claims can be addressed by the court after acquiring subject matter and personal jurisdiction. Such claims are controlled by C.R.S. § 14-10-114, and Chapter 9, "Spousal Maintenance," fully explores this topic.

Temporary maintenance can be awarded during the pendency of a dissolution action. In cases filed before January 1, 2014, there is a presumptive formula for temporary maintenance when the spouses' combined annual incomes are less than $75,000, but the court is to consider the specific facts of the case and the applicable statutory criteria when the combined incomes exceed $75,000 annually. For cases filed on or after January 1, 2014, there are advisory guidelines, not a presumptive formula, to be considered for temporary maintenance awards when the parties' combined annual incomes are less than $360,000. The court is also to determine temporary payment of marital debt and the temporary allocation of marital property, after determining the amount of temporary maintenance.

The temporary orders are not prejudicial to maintenance award consideration at permanent orders. In cases filed before January 1, 2014, at the permanent orders hearing, to determine entitlement of a party to maintenance, the court must find that the party lacks sufficient property to provide for his or her reasonable needs, and is unable to support himself or herself through employment or is the custodian of a child with special needs so as to justify not working outside the home. C.R.S. § 14-10-114(3). Upon finding entitlement, the amount and duration of maintenance is assessed by the court after considering all relevant factors, including the financial resources of the party seeking maintenance, the time necessary for that party to acquire education or training to enable him or her to find appropriate employment, that party's future earning capacity, the standard of living the parties enjoyed during their intact marriage, the length of the marriage, the age and health of the party seeking maintenance, and the ability of the payor spouse to meet his or her own needs while paying maintenance. C.R.S. § 14-10-114(4).

In cases...