Spousal Maintenance and Domestic Violence: A New Factor in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha explore how spousal maintenance (alimony) is evolving in Colorado specifically with the introduction of new considerations around coercive control, domestic violence, and financial abuse. They explain how these factors may now influence whether maintenance is awarded, how much, and for how long.

Episode Highlights

What is spousal maintenance and when does it apply
Spousal maintenance comes into play when one spouse cannot meet their reasonable financial needs after divorce through property division and their own income. Amy explains that Colorado uses an advisory guideline based on income and length of marriage, but courts still retain discretion.

How maintenance law has evolved in Colorado
Ryan walks through how the maintenance statute has changed over time—from discretionary factors to guideline formulas, tax law changes, and now the addition of new behavioral considerations like coercive control and abuse.

The new factor: coercive control and domestic violence
Courts are now required to consider whether there was domestic violence, emotional abuse, financial control, or litigation abuse when determining maintenance. This marks a shift from focusing purely on financial need to also considering the dynamics of the relationship.

Financial abuse as part of the analysis
Amy highlights real-world examples of financial abuse, such as one spouse controlling all accounts, limiting access to money, or placing debt in the other spouse’s name. These behaviors may now directly impact maintenance outcomes.

How this could change outcomes in divorce cases
The new factor could increase maintenance for a victim spouse or potentially prevent a perpetrator from receiving maintenance. Judges may weigh these dynamics when deciding fairness and equity between the parties.

Challenges in applying the new law
Ryan notes that courts historically avoided examining why a marriage ended. Now, judges must navigate sensitive and often complex allegations of abuse, which may be difficult to prove and evaluate.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.