Modifying or Ending Maintenance in Colorado
In Colorado, maintenance can be modified from the date a motion is filed on changed circumstances so substantial and continuing as to make the terms unfair. Unless the decree or an agreement says otherwise, it ends on the death of either party, the end of the term, the recipient’s remarriage or civil union, or a court order.
Changed circumstances so substantial and continuing
Under C.R.S. 14-10-122(1), maintenance may be modified only as to installments accruing after the motion for modification and only on a showing of changed circumstances so substantial and continuing as to make the terms unfair. If maintenance is modified, the change is effective as of the date the motion was filed, unless the court finds undue hardship or substantial injustice, and it is never retroactive to before the filing.
What ends maintenance automatically
Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance ends on the earliest of: the death of either party; the end of the maintenance term, unless a motion for modification is filed before the term expires; the remarriage or establishment of a civil union by the recipient; or a court order terminating maintenance (Section (2)(a)). Cohabitation is not listed as an automatic ending event.
Retirement of the payor
A payor whose income is reduced or ends because of retirement after reaching full retirement age is entitled to a rebuttable presumption that the retirement is in good faith. “Full retirement age” means the payor’s usual or ordinary retirement age when he or she would be eligible for full Social Security benefits, not early retirement age (Section (2)(b) and (c)).
A reserved review
If the court reserved jurisdiction to review maintenance, it must have stated the reasons, the ascertainable future event and a reasonably specific time within which maintenance may be considered. A review is limited to what the reservation allows (C.R.S. 14-10-114(3)(g)).
Agreements and the decree
Any of these default rules can be changed by a written agreement or by express terms in the decree, so check the maintenance paragraph of your decree or separation agreement before relying on them.
What to bring when you ask the court to change an order
Bring the decree with its maintenance terms, proof of what has changed (income, health, employment, remarriage), the date you filed the motion and documents showing the change is substantial and continuing. Because a modification starts from the filing date, file promptly once circumstances change.
Next steps
See how long maintenance lasts in Colorado for how the term works and the Colorado maintenance calculator for the advisory guideline.
Frequently asked questions
Can maintenance be modified in Colorado?
Yes, only as to installments accruing after the motion is filed and only on changed circumstances so substantial and continuing as to make the terms unfair.
Does remarriage end maintenance in Colorado?
Yes, unless otherwise agreed in writing or provided in the decree. The remarriage or civil union of the recipient ends the obligation, as do death of either party and the end of the term.
Does cohabitation end maintenance in Colorado?
Cohabitation is not listed among the automatic ending events in the statute. It may be relevant to a motion to modify, so ask an attorney.
When does a Colorado maintenance modification take effect?
As of the date the motion was filed, unless the court finds undue hardship or substantial injustice; it cannot go back before the filing date.
What happens when the maintenance term ends in Colorado?
The obligation ends at the end of the term unless a motion for modification was filed before the term expired.
Official sources
- C.R.S. 14-10-122: modification and termination
- C.R.S. 14-10-114: spousal maintenance; advisory guidelines
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Colorado statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Colorado attorney.