CO HB1256

Creates a new spousal maintenance formula for Colorado actions filed on or after July 1, 2012, establishing three maintenance categories: reimbursement maintenance, transitional maintenance, and general term maintenance.

Reimbursement and transitional maintenance apply only to marriages under 5 years, are limited to 24 months, and are non-modifiable, with reimbursement compensating contributions to a spouse's education or advancement and transitional maintenance helping adjustment to post-divorce lifestyle or economic independence.

General term maintenance applies to marriages of at least 5 years with a formula-based approach when combined annual income is $240,000 or less: 40% of higher earner's income minus 50% of lower earner's income, capped at 40% of combined income, with duration equal to 35-65% of the marriage duration depending on length.

General term maintenance is modifiable and terminates upon the earlier of: end of maintenance term, death of either spouse, remarriage of recipient, or payor reaching full retirement age; court may deviate from formula if deemed unfair after considering statutory factors.

Applies only to actions filed on or after July 1, 2012; existing maintenance orders and actions filed before that date remain governed by prior law, with those prior law provisions repealing July 1, 2015.