When you’re facing divorce in Colorado, one of the biggest concerns is often alimony, also called spousal maintenance. One of the first questions many people ask is: Can I avoid alimony in Colorado?
The short answer? Yes — in some cases. While alimony isn’t automatic, whether you have to pay, and how much, depends on several key factors. Even if alimony is on the table, there are smart ways to lower the amount or shorten how long you have to pay.
How Alimony Works in Colorado
Alimony is not guaranteed in a divorce. The court looks at several factors before deciding whether one spouse should pay the other. These factors include:
- Each spouse’s income and ability to support themselves
- The length of the marriage
- The standard of living during the marriage
- Financial needs and resources
- Age and health of both spouses
While Colorado does offer a guideline formula for calculating alimony, it’s not binding. Judges have wide discretion to adjust or reject it based on the unique facts of your case.
That means you may have more control than you think. If you understand how the court weighs these factors, and if you present your financial situation clearly, you may be able to avoid alimony altogether––or significantly reduce what you’re expected to pay.
Factors That Can Help You Avoid Alimony
While there’s no guaranteed way to avoid alimony, certain factors can work in your favor. Here’s what could help:
1. Shorter Marriages
In Colorado, how long you were married plays a big role. If the marriage was short, the court is less likely to award alimony — or may only award it for a brief period.
2. Similar Incomes
When both spouses earn about the same or have similar earning potential, the court may decide that neither person needs financial support. If you can show that your spouse is capable of supporting themselves, it can go a long way toward helping you avoid alimony.
3. Prenuptial or Postnuptial Agreements
A legally valid prenuptial or postnuptial agreement can protect you from paying alimony. If the agreement clearly waives alimony and follows Colorado’s legal standards, the court will usually honor it. Just make sure the agreement was fair, properly signed, and not created under pressure — or the court might reject it.
4. Evidence of Financial Independence
If your spouse is already financially stable, the court may see no reason to award support. Proof of income, steady employment, a profitable business, or personal savings can all show that your spouse doesn’t need help. Having strong documentation of their financial independence can greatly improve your chances of avoiding alimony.
Does Misconduct Impact Alimony in Colorado?
Many people assume that cheating or other bad behavior will influence alimony decisions, but in Colorado, that’s not the case. As a no-fault divorce state, Colorado courts don’t consider marital misconduct when deciding whether alimony should be awarded.
Instead, the focus is strictly on financial need and each spouse’s ability to support themselves. If you’re hoping to avoid alimony, the most effective approach is to show that your spouse is financially independent or capable of becoming self-sufficient, rather than focusing on what caused the marriage to end.
What to Do If You Can’t Avoid Alimony in Colorado
Even if avoiding alimony completely isn’t possible, there are still smart ways to reduce how much you pay or how long payments last. Colorado courts allow flexibility, especially when you present reasonable alternatives.
Negotiate a Settlement
Reaching an agreement outside of court can give you more control over the outcome. By negotiating the terms directly with your spouse, you may be able to agree on a lower amount or shorter duration than a judge might order in a contested hearing.
Offer a Lump-Sum Payment
Instead of monthly alimony, consider offering a one-time lump-sum payment. This approach can eliminate long-term financial ties and may be appealing to both parties if handled fairly.
Request Rehabilitative Support
If your spouse needs time to become self-sufficient, you can suggest short-term, rehabilitative alimony instead of open-ended payments. This type of support is often used to help someone complete job training or further their education. Colorado courts are generally receptive to this option, especially when a clear path to employment exists.
Argue for Imputed Income
If your spouse is capable of working but isn’t earning what they reasonably could, the court can assign them an estimated income — called “imputed income.” This can reduce or even eliminate your alimony obligation if the court agrees they’re underemployed by choice.
Take Control of Your Financial Future
Alimony doesn’t have to define the outcome of your divorce. Whether you’re aiming to avoid it entirely or minimize the impact, understanding your options and presenting a strong case can make a significant difference. At Colorado Legal Group, we know what’s at stake. Our experienced attorneys will evaluate your situation, build a strategy that fits your goals, and advocate for the best possible outcome.
Don’t leave your financial future to chance. Contact us today to schedule your confidential consultation.