When couples divorce in Colorado, one of the most common questions is whether a spouse can receive alimony (called “spousal maintenance” in Colorado) and, if so, how the length of the marriage affects that decision. The short answer: there isn’t a strict minimum number of years you must be married to qualify. Instead, Colorado judges look at the total picture, including marriage length, when deciding whether maintenance is appropriate and for how long it should last.
Understanding how courts evaluate marriage length alongside other financial and practical factors can help you set realistic expectations and prepare a stronger case. Below, we explain how Colorado treats marriage duration, which facts tend to matter most, and what you can do to protect your financial stability during and after divorce.
Colorado’s Approach to Alimony (Spousal Maintenance)
Colorado uses a needs-and-ability-to-pay framework. Judges begin by asking whether one spouse has a demonstrated financial need and whether the other has the ability to contribute to that need after covering their own reasonable expenses. If the answer to both is “yes,” the court considers the amount and duration of maintenance.
Colorado also provides advisory guidelines that help estimate support in many cases. These guidelines are not rigid rules; they give a starting point, and the court can adjust up or down or decide that maintenance isn’t appropriate at all. The key takeaway is that no single factor, including marriage length, decides the outcome by itself. Courts weigh multiple considerations to reach a fair result for both parties.
Does Marriage Length Decide Eligibility? (It Strongly Influences It)
There is no automatic threshold, such as “you must be married 10 years,” to receive alimony in Colorado. However, the duration of the marriage is a significant factor because it often correlates with financial interdependence. Generally speaking, longer marriages tend to produce stronger claims for maintenance, particularly when one spouse paused a career, managed the home, or supported the other’s professional growth.
Shorter marriages can still result in maintenance, especially if there’s a sizable income gap or a temporary need to transition to financial independence. In these situations, courts often consider shorter-term or rehabilitative maintenance designed to bridge the gap while a spouse secures training, childcare, or employment. In longer marriages, courts may consider longer durations, sometimes approaching the length of the marriage itself, though “indefinite” maintenance remains uncommon and fact-specific.
Other Factors Courts Consider Beyond Length of Marriage
Because marriage length doesn’t tell the whole story, judges evaluate several additional factors. These considerations can strengthen or weaken a maintenance request regardless of how long you were married:
Income and earning capacity: Courts compare current income and estimate future earning potential. If one spouse has significantly greater earning power, maintenance may be used to soften the financial disparity while the other rebuilds.
Standard of living and marital lifestyle: While no one is guaranteed the exact lifestyle post-divorce, courts try to avoid drastic, inequitable outcomes, especially where one spouse can’t meet basic needs without support.
Contributions to the marriage: Nonfinancial contributions (childcare, managing the home, supporting a partner’s education or career) carry real weight. Courts recognize that these sacrifices often limit earning potential and savings.
Health, age, and caregiving responsibilities: A spouse’s health limitations or full-time parenting duties can reduce their ability to work or retrain, making maintenance more likely or extending its duration.
Property division and separate assets: The type and amount of assets each spouse receives in the divorce can affect the need for maintenance. A larger share of liquid assets may reduce or shorten the need for ongoing support.
How Marriage Length Can Affect the Duration of Maintenance
While length of marriage doesn’t automatically determine whether you receive maintenance, it often guides how long support might last. In practice, courts tend to award shorter durations for short marriages and longer durations for long marriages, especially where one spouse’s economic opportunities were reduced by years of caregiving or supporting the other’s career.
Maintenance may take several forms. Temporary maintenance covers the period during the divorce while finances are being sorted out. Rehabilitative maintenance provides support long enough for the receiving spouse to gain skills, education, or work experience to become self-supporting. In some longer marriages, particularly where age or health limits employability, courts may order longer-term or even open-ended support, subject to later modification if circumstances materially change.
Practical Steps to Strengthen (or Evaluate) an Alimony Claim
Whether you’re seeking maintenance or evaluating your exposure to paying it, careful preparation makes a difference. Begin by documenting your current monthly budget (housing, food, insurance, medical costs, transportation, childcare) and your anticipated post-divorce expenses. Transparency and detail help the court understand real needs and reasonable abilities to pay.
If you paused your career or accepted lower-paying roles for the family’s benefit, gather evidence: resumes, prior pay stubs, performance reviews, licenses or certifications that have lapsed, and letters explaining employment gaps. If you’re aiming for rehabilitative maintenance, a concrete plan, such as tuition estimates, program timelines, childcare arrangements, and job outlook data, shows the court that support will be used responsibly to become self-sufficient. For a deeper dive into eligibility, amounts, and duration, review our page on alimony in Colorado and how courts apply these principles in real cases.
Common Scenarios (Short Marriage vs. Long Marriage) and What Happens Next
Short marriage, large income gap: Even in a brief marriage, a spouse who left work to relocate, care for a child, or support the other’s career may qualify for shorter-term maintenance. The court typically expects a path to self-sufficiency and will tailor duration to cover the transition period.
Long marriage, limited employability: After a long marriage, especially where one spouse has been out of the workforce for many years, courts often consider longer durations and amounts that reflect the entrenched disparity in earning power. Age, health limits, and the realistic job market play a significant role.
Changing circumstances: Maintenance can often be modified if there’s a substantial and continuing change, such as job loss, significant illness, or a major income increase. Remarriage of the receiving spouse typically terminates maintenance; cohabitation or shared expenses may also justify modification, depending on the facts and the terms of the original order or agreement.
Agreements and predictability: Many couples negotiate maintenance as part of a comprehensive settlement. Clear terms, like an amount, duration, review dates, and conditions for modification, can reduce future conflict. In some cases, parties agree to “contractual, non-modifiable” maintenance for certainty; in others, flexibility is preferred to account for life’s changes.
If you’re unsure how your marriage length and financial picture might play out, a personalized analysis can clarify your likely range for amount and duration and help you choose between negotiation, mediation, or litigation to protect your interests.
Talk with a Denver Alimony Attorney About Your Timeline and Options
If you’re worried that your marriage was “too short” to qualify or you’re facing a long marriage with complex financial tradeoffs, getting tailored legal advice is crucial. We’ll evaluate your income, expenses, assets, and work history, and then apply Colorado’s factors to estimate a realistic outcome. From there, we can pursue temporary support during the case, negotiate a practical long-term plan, or present a compelling case to the court.
We’re here to help you navigate alimony questions with clarity and confidence. To discuss your specific situation and learn how marriage length could affect your rights and obligations, contact us. Together, we’ll build a strategy that protects your financial future and positions you for stability after divorce.
