Does Maintenance End Automatically When Your Ex Remarries in Colorado?

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The Statutory Rule — Yes, with One Exception

Under C.R.S. § 14-10-122(2)(a)(III), maintenance terminates when the party receiving it remarries. The statute frames this as an automatic termination — the obligation ends on the date of the remarriage, not on some later date when someone files paperwork.

There is one exception: the parties can agree in writing, as part of their divorce decree or separation agreement, that maintenance survives remarriage. This must be an express written agreement — not an informal understanding, not an implication from other terms, and not something added after the fact. If the divorce decree contains standard modifiable maintenance language and says nothing about surviving remarriage, the statute controls: maintenance ends when the recipient marries someone new.

To determine whether this exception applies, look at the separation agreement or permanent orders incorporated into the divorce decree. The relevant section will be wherever maintenance terms are defined. If that section does not include an explicit statement that maintenance continues after remarriage, the default statutory rule applies.

For background on how Colorado handles maintenance termination more broadly — including termination by the passage of the original term, by death, or by agreement — we cover the full picture in How to Terminate Alimony (Maintenance) in Colorado.

“Automatically” Doesn’t Mean What You Think

The word “automatically” in the statute is misleading. Here’s what doesn’t happen automatically: no one stops your wage assignment, no court clerk flags your case, and no order appears in the court file reflecting the change. The Family Support Registry continues processing payments at the original amount unless and until a court order says otherwise.

What “automatically” means in this context is that the legal obligation terminates as of the remarriage date — even before anyone files anything. But the practical obligation doesn’t stop until there’s a court order on file and the income assignment (if any) is modified or terminated.

To get that court order, someone needs to file JDF 1401 (Motion/Stipulation Re: Maintenance) in the county where the original case was filed, attach proof of the remarriage — typically a marriage certificate — and serve the other party. The court then enters an order confirming the termination date.

Filing the motion is not asking the court for permission to stop paying. It is asking the court to enter a formal order reflecting what the statute already did. But until that order exists, there is no document in the court file showing the obligation has ended. A parent in Boulder County, for example, would file JDF 1401 with the 20th Judicial District court and pay the filing fee.

What About Payments Made After the Remarriage Date?

This is where the gap between “automatic” termination and the practical timeline creates problems. If a parent continues making maintenance payments after the recipient’s remarriage — whether out of caution, uncertainty, or not knowing about the marriage — those payments may be considered overpayments.

Take a scenario: a parent earning $7,667 per month has been paying $2,100 per month in maintenance. The recipient remarried on December 15 and the paying parent continued through January while sorting out the legal process. That’s $2,100 in payments made after the statutory termination date.

Courts can address overpayments as part of the maintenance termination order. Some filers include a request for reimbursement or credit in their JDF 1401 filing. Whether the court orders reimbursement, applies the amount as a credit against other obligations, or takes some other approach depends on the specific circumstances of the case.

What the statute does make clear is the termination date itself. If the marriage certificate shows December 15, the maintenance obligation terminated on December 15. Payments made after that date are, by statute, payments made after the obligation ended.

How Maintenance Termination Affects Child Support

When maintenance is part of a divorce order alongside child support, the two calculations are connected. Under the original child support formula, maintenance payments are deducted from the paying parent’s gross income and added to the receiving parent’s gross income before child support is calculated. Ending maintenance removes that adjustment — which changes both parents’ proportional income shares.

Here’s the mechanical effect. A parent earning $7,667 per month who was paying $2,100 in maintenance had an adjusted gross income of $5,567 for child support purposes. The recipient earning $4,333 per month plus $2,100 in maintenance had an adjusted gross income of $6,433. Once maintenance terminates, the paying parent’s full $7,667 counts, and the recipient drops back to $4,333. The paying parent’s share of the combined income increases, which changes the child support number.

Whether this results in a higher or lower child support amount depends on the specific incomes, the number of children, each parent’s overnights under the Parenting Time Table, and other adjustments in the calculation. The interaction between the maintenance adjustment and the other variables in the child support formula is not a simple “maintenance ends, so child support goes up.” The step-by-step modification process covers how child support recalculation works.

One common question: does the new spouse’s income affect child support? No. Stepparent income is not included in Colorado child support calculations. The new spouse’s earnings do not factor into either parent’s gross income on the child support worksheet.

FAQ — Remarriage and Maintenance

Does my ex’s remarriage automatically end my maintenance obligation?

If you are paying maintenance and the recipient remarries, the obligation terminates as of the remarriage date under C.R.S. § 14-10-122(2)(a)(III) — unless the divorce decree or separation agreement expressly states that maintenance survives remarriage.

How do I find out if my decree has a “survive remarriage” clause?

Look at the separation agreement or permanent orders incorporated into your divorce decree. The maintenance section will specify terms, duration, and modifiability. If there is no explicit statement that maintenance continues after remarriage, the default statutory termination rule applies.

Do I need to file something with the court, or does it just stop?

You still need a court order reflecting the termination. File JDF 1401 (Motion/Stipulation Re: Maintenance) with proof of the remarriage. Until a court order is entered, the court file doesn’t reflect the change, and any existing income assignment continues processing at the original amount.

Can I get back maintenance payments I made after the remarriage date?

Courts can address overpayments when entering the termination order. Whether reimbursement, credit, or another remedy is appropriate depends on the circumstances. Include the overpayment issue in your JDF 1401 filing if applicable.

Does my ex’s new spouse’s income change my child support?

No. Stepparent income is not included in Colorado child support calculations. The new spouse’s earnings are not part of either parent’s gross income on the child support worksheet.

If maintenance ends, does child support automatically get recalculated?

No. Child support does not automatically adjust when maintenance terminates. A separate modification must be filed, and the recalculated amount must meet the 10% threshold under C.R.S. § 14-10-122 to qualify.

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Maintenance termination upon remarriage is one of the clearest statutory triggers in Colorado family law — but the gap between the statute’s “automatic” language and the actual paperwork required is real. The Colorado Judicial Branch’s self-help page for changing court orders is at coloradojudicial.gov/self-help/change-court-orders, and JDF 1401 is available at coloradojudicial.gov/self-help-forms.