At the time of divorce, the spousal maintenance order reflects the financial situation of both spouses. Over the years, those circumstances can change in different ways. Fortunately, Colorado law provides a pathway to revisit spousal maintenance in certain situations.
Does Colorado allow modification after divorce?
In Colorado, either spouse can ask the court to change maintenance if a substantial, continuing change in circumstances makes the current terms unfair. The change must be significant since the court issued the original order. A brief job loss or income drop usually does not meet this standard.
However, if the divorce decree contains an express written agreement between the parties that maintenance is non-modifiable, the court cannot change it. Even if financial circumstances change later, the original order still applies.
What qualifies as a substantial change?
The court typically looks for long-term changes that clearly affect income, expenses or earning ability. The key factor is whether the change has a lasting financial impact, not whether it creates short-term hardship. Common examples include:
- Retirement after reaching full retirement age
- Permanent disability or serious health issue
- Involuntary loss of employment
- Significant and permanent reduction of income
The person requesting the change must support the claim with evidence. Courts typically review income statements, employment records and medical evidence to evaluate whether an adjustment should occur.
How can spouses request a modification?
The court must formally review the request before making any adjustment. Any modification is generally effective only as of the date the motion was filed. It cannot be applied retroactively to the date the life change first occurred.
To start the process, the spouse seeking the change must file a motion with the court that issued the original order. The motion should explain what has changed and why the current order no longer fits the situation. After filing, both spouses can present evidence.
This may include financial disclosures, testimony and other supporting documents. Based on the full record, the court decides whether the case meets the legal standard for modification.
Moving forward after major life changes
Changes in your life circumstances may warrant a review of your spousal maintenance order. Colorado law recognizes that financial situations evolve over time. Whether you are paying or receiving maintenance, knowing how to approach alimony modifications under Colorado law is essential.
