How to Terminate Alimony (Maintenance) in Colorado: Complete Guide

This article is for informational and educational purposes only and does not constitute legal advice. GoFile is not a law firm. Using our platform or reading this article does not create an attorney-client relationship. If you need legal advice for your specific situation, consult a licensed Colorado attorney.

In This Article

• Three Ways Maintenance Ends in Colorado
• Trigger 1: The Receiving Party Remarries
• Trigger 2: Cohabitation by the Receiving Party
• Trigger 3: The Maintenance Term Expires
• The Form You Need: JDF 1401
• Filing Process, Fees, and Timeline
• Why Maintenance Termination Usually Triggers a Child Support Recalculation
• Frequently Asked Questions

Last Updated: June 2026

Colorado calls it “maintenance.” Most people still say alimony. Whatever the label, the obligation to pay monthly spousal support after a divorce does not last forever — and under Colorado law, it can end in one of three distinct ways. Each trigger works differently, requires different proof, and comes with its own procedural wrinkles.

This guide walks through all three termination paths: what the statute says, what forms are involved, and what the process actually looks like at the courthouse. It also covers a procedural reality that catches a lot of people off guard — terminating maintenance almost always means child support has to be recalculated too.

Three Ways Maintenance Ends in Colorado

C.R.S. § 14-10-122(2)(a) spells out three automatic termination events. Unless the divorce decree or a written agreement between the parties says otherwise, the obligation to pay future maintenance ends upon the earliest of:

1. The death of either party 2. The end of the maintenance term (unless a modification motion is filed before the term expires) 3. The remarriage of — or entry into a civil union by — the party receiving maintenance

That phrase “unless otherwise agreed in writing or expressly provided in the decree” matters. Some separation agreements include language stating that maintenance survives remarriage or is non-modifiable. If that language exists, the automatic termination rules do not apply. The decree itself controls.

Trigger 1: The Receiving Party Remarries

This is the clearest of the three termination triggers. Under C.R.S. § 14-10-122(2)(a)(III), maintenance terminates automatically on the date the receiving party remarries or enters a civil union. Not when the paying party finds out, not when a motion is filed — on the wedding date itself.

“Automatically” is a loaded word here. The obligation terminates by operation of law, but the existing court order does not update itself. Until a new court order is entered reflecting the termination, the income assignment sending payments to the Family Support Registry stays in place.

What proof is required: A certified copy of the marriage certificate (or civil union certificate) is the standard evidence.

A real-world complication: Consider a parent who pays $2,100 per month in maintenance and $650 per month in child support. The ex-spouse remarried in mid-December 2025 but hasn’t voluntarily stopped requesting payments. The paying parent has continued sending the full amount to avoid a potential contempt situation while figuring out the legal process. By the time a motion is filed and a hearing scheduled, several months of post-remarriage maintenance payments may have accumulated.

One more thing to know: Colorado courts have held that if a remarriage is later annulled, maintenance may be subject to reinstatement. In In re Marriage of Cargill, 843 P.2d 1335 (Colo. 1993), the Colorado Supreme Court concluded that “remarriage” under the statute refers to the status of being married — not merely the ceremony.

Trigger 2: Cohabitation by the Receiving Party

Colorado does not have a statute that automatically terminates maintenance upon cohabitation. This is an important distinction from the remarriage trigger — cohabitation is grounds for a court to modify or terminate maintenance, but termination is not automatic. A motion must be filed, and the court makes the determination.

The legal framework for cohabitation-based modification falls under C.R.S. § 14-10-122(1)(a), which allows modification when there has been a “substantial and continuing change of circumstances.”

What counts as cohabitation: Colorado case law does not provide a bright-line definition. Courts look at factors like shared living expenses, duration of the living arrangement, shared financial accounts, and the romantic or domestic nature of the relationship.

The proof problem: Unlike remarriage — where a certified marriage certificate is clear-cut — proving cohabitation requires gathering evidence of a living arrangement that the other party may deny or minimize.

What the court decides: Even after cohabitation is established, the court has discretion. Cohabitation does not guarantee termination. The court may terminate maintenance entirely, reduce the amount, or determine that the cohabitation has not sufficiently changed the receiving party’s financial circumstances.

Trigger 3: The Maintenance Term Expires

Most Colorado maintenance orders include a specific end date — a term set under the advisory guidelines in C.R.S. § 14-10-114. When a maintenance order has a defined term, the obligation ends on the expiration date stated in the order. No motion is required.

The exception that catches people: C.R.S. § 14-10-122(2)(a)(II) provides that maintenance terminates at the end of the term unless a motion for modification is filed prior to the expiration of the term. This means the receiving party can file a motion to extend or modify maintenance before the clock runs out.

Indefinite maintenance: For longer marriages, some orders do not have an end date. These are sometimes called “permanent” maintenance, though even indefinite orders can be modified or terminated under C.R.S. § 14-10-122(1) when there is a substantial and continuing change of circumstances.

The Form You Need: JDF 1401

Regardless of which termination trigger applies, the starting form is the same: JDF 1401 — Motion/Stipulation to Modify or Terminate Maintenance.

This is where Colorado’s maintenance forms differ from child support forms. For child support modifications, there are two separate forms — JDF 1403 (Motion) and JDF 1404 (Stipulation). For maintenance, there is one combined form that handles both scenarios through internal checkboxes and conditional sections.

The filing party completes the sections that apply to their situation. The instruction document for JDF 1401 is JDF 1399, available on the Colorado Judicial Branch website at coloradojudicial.gov/self-help/change-court-orders. The JDF 1401 form itself can be downloaded from the maintenance forms page.

Alongside JDF 1401, the filing party also prepares JDF 1402 — Order Re: Maintenance, which is the proposed order for the judge to sign.

What JDF 1401 does not require (for termination): The official JDF 1399 instructions do not require a Sworn Financial Statement (JDF 1111) or a child support worksheet as part of the maintenance termination filing itself. However, the court will almost certainly require both if child support is also being recalculated — and it usually is.

Filing Process, Fees, and Timeline

Step 1 — Prepare forms. Complete JDF 1401 and JDF 1402. For remarriage termination, obtain a certified copy of the marriage certificate.

Step 2 — File with the court. File in the same court that issued the original maintenance order. The filing fee is $105 (C.R.S. § 13-32-101(2)). E-filing through Colorado Courts E-Filing (CCE) adds a $12 convenience fee, bringing the total to $117 for electronic filing. See the full fee schedule on coloradojudicial.gov.

Step 3 — Serve the other party. After filing, the other party must be served. For post-decree motions, service by first-class mail to the last known address is sufficient under C.R.C.P. 121 § 1-26.

Step 4 — Wait for a response. The responding party has 21 days after service to file a response. The response filing fee is $146.

Step 5 — Attend a hearing or await court review. For uncontested remarriage terminations filed as a stipulation, the court reviews the stipulation and may enter an order or set a hearing. Court review of a stipulation often takes about 2–4 weeks, but timing depends on the district and its docket. Contested matters or cohabitation terminations will be set for a hearing.

Total cost for the filing party: $117 via e-filing (or $105 if filing in person), plus any service costs. Fee waivers are available through JDF 205 for incomes at or below 125% of the Federal Poverty Level.

Why Maintenance Termination Usually Triggers a Child Support Recalculation

This is the part that blindsides people.

Under C.R.S. § 14-10-115, maintenance paid and received is factored into each parent’s adjusted gross income for child support calculations. Specifically, 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. When maintenance terminates, both parents’ adjusted incomes change — even if their actual earnings haven’t moved a dollar.

That shift in adjusted income almost always produces a child support number that differs from the current order by more than the 10% modification threshold under C.R.S. § 14-10-122(1)(a).

A worked example: Consider a parent earning $7,650 per month as a healthcare administrator. She currently pays her ex-spouse $2,100 per month in maintenance and $650 per month in child support for one child (age 9). The ex-spouse earns approximately $4,350 per month and recently remarried.

Under the existing order, the paying parent’s adjusted gross income for child support purposes was reduced by $2,100 (the maintenance deduction), and the receiving parent’s was increased by $2,100. If maintenance terminates, those adjustments disappear. Both parents’ full incomes go straight into the child support calculation.

Depending on the parenting time split and the updated BCSO schedule under HB 25-1159, the child support obligation could shift significantly. The only way to know is to run the full calculation on the new unified worksheet.

Frequently Asked Questions

Does maintenance stop automatically when my ex remarries, or do I still need to file something?

The legal obligation terminates automatically on the date of remarriage under C.R.S. § 14-10-122(2)(a)(III). But the court’s enforcement machinery — income assignments, direct deposits through the Family Support Registry — does not update automatically. Filing for a formal court order reflecting the termination is the way to get the paperwork to match the legal reality.

Can I just stop paying maintenance if my ex remarried?

The statute says the obligation terminates upon remarriage. The practical question is whether you have a court order reflecting that termination. Without one, disputes about overpayment, arrears, and effective dates can become complicated.

Does it matter if my ex’s new spouse has a high income?

For child support purposes, a stepparent’s income is generally not included in Colorado’s child support calculation. Under C.R.S. § 14-10-115, only the biological or legal parents’ incomes are used. For maintenance termination based on remarriage, the new spouse’s income is irrelevant — the trigger is the act of remarriage itself.

What if my divorce decree says maintenance “survives remarriage”?

If the decree or separation agreement includes an express written provision that maintenance survives remarriage, the automatic termination under C.R.S. § 14-10-122(2)(a) does not apply. The specific language in the decree controls.

Can I recover maintenance payments I made after my ex’s remarriage date?

Courts can address overpayments as part of the termination proceeding. If maintenance was paid after the statutory termination date, the paying party can request reimbursement in the motion. Whether the court grants reimbursement depends on the specific circumstances.

How long does a maintenance termination take?

For uncontested remarriage terminations where both parties agree, court review of a stipulation often takes about 2–4 weeks, but timing depends on the district and its docket, and the court may set a hearing. Contested matters — especially cohabitation cases requiring evidentiary hearings — depend on the district’s docket and hearing schedule.

Where to Go from Here

Maintenance termination in Colorado involves three possible triggers, each with different proof requirements and procedural paths. Remarriage is automatic by statute but still requires a court order to formalize. Cohabitation requires filing a motion and presenting evidence. Term expiration happens on its own — unless a modification motion is filed before the deadline.

The form for all three paths is JDF 1401, available on the Colorado Judicial Branch website. The instruction document is JDF 1399. The Colorado Judicial Branch maintains current forms and filing instructions at coloradojudicial.gov/self-help/change-court-orders. The statutory framework for maintenance termination is at C.R.S. § 14-10-122, and the maintenance guidelines are at C.R.S. § 14-10-114.