How Long do you Have to be Married to Get Maintenance/Alimony

Colorado’s spousal maintenance guidelines, outlined under C.R.S. § 14-10-114, provide courts with an advisory framework for determining the duration and amount of spousal support. However, these guidelines serve only as a reference point, allowing judges the flexibility to award maintenance (or alimony as it is called elsewhere) based on the marriage’s specific circumstances.

 

Examples of Marriage Lengths and Suggested Maintenance Durations

The guidelines generally apply to marriages lasting at least three years. Some examples based on these advisory guidelines include:

    • 3-year marriage: Suggested maintenance duration of approximately 11 months, based on about 31% of the marriage length.
    • 10-year marriage: Maintenance suggested for about 4.5 years, or 45% of the marriage length.
    • 20-year marriage: Guidelines recommend maintenance for around 10 years, which is 50% of the marriage duration.

For marriages lasting over 20 years, courts have even greater flexibility. In these cases, they may award maintenance for a defined number of years, as a lifetime arrangement, or without a specified end date, continuing until either further court order or until conditions change, such as the remarriage of the recipient.

In practice, courts consider several factors beyond these guidelines, such as the marital standard of living, each spouse’s financial resources, and income disparities, allowing them to tailor orders to the couple’s unique needs. These discretionary powers mean maintenance awards can vary significantly, even in cases with similar marriage lengths.