14-10-114  sets out the conceptual timbers with which each party builds their case:  

1. The target spouse's ability to pay.

2. The duration of the marriage.

3. The property settlement and/or any separate property of the parties

4. The educational background of the asking party and how long it would take to obtain the education to get the asking party up to suitable employment.

5. The lifestyle of the marriage.

6. The age, physical, and emotional condition of the asking spouse.  

While many fine and erstwhile Denver area divorce attorneys make much of the importance of court discretion in this area (and their ability to forecast how that discretion will be exercised) by far the most important factor is the relative strength of the asking spouse’s sense of entitlement versus the target spouse’s resistance.

Ed Lederman’s Golden Rule of Colorado Divorce Maintenance
For both parties: It is better to give than receive. It is better to give to the other party a just and functional offer than to receive a court order after a well litigated and expensive fight. However, sometimes a good fight is psychologically necessary, very therapeutic.

Temporary Maintenance. 14-10-114 After fourteen years of doing this I’ve got this truism for the ages: as goes temporary maintenance, so goes permanent.

If the couples combined income is $75,000 or less there is a formula to arrive at a “presumptive” temporary maintenance number: 40% of the higher earning spouse’s income less 50% of the lower earning spouse’s income equals the amount of temporary monthly maintenance paid.

Modification of Maintenance. 14-10-122. Unless specifically precluded by a settlement agreement maintenance is modifiable if there has been a change in circumstances so substantial and continuing as to make it unfair. 

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