Denver, CO family law attorney Kristi Wells discusses the situations in which spousal support is awarded under Colorado law. She explains that spousal support in Colorado is awarded when a person cannot support themselves through reasonable employment or the income generated by property awarded to them. The award is guided by the standard of living established during the marriage. For example, a couple who lived frugally, saved money, and never traveled abroad would have a very different standard of living compared to a couple who vacationed in Europe annually, flew on private jets, or sent their children to private schools. The court evaluates this standard of living when determining spousal support.

Another key factor is reasonable employment. In a long-term marriage where one spouse did not work for 30 years, the court considers their limited work history and ability to earn. In shorter marriages or where a spouse had prior education or employment, the court examines actual earnings or earning potential. In cases where a spouse did not work during the marriage, the court assesses whether there is any debility or inability to work at all.

Many of her cases do not involve maintenance because the marital estate being divided is substantial, and the income from property awarded to the spouse is sufficient to support them. In situations where that is not the case, the determination of spousal support becomes more complex.