Calculation
Colorado: Colorado uses statutory advisory maintenance guidelines when maintenance is requested, the marriage lasted at least 3 years, and combined annual adjusted gross income is $240,000 or less. The guidelines do not create a presumption that maintenance will be ordered. Courts retain discretion and must consider need, ability to pay, income, property division, financial resources, marriage length, employability, health, and other statutory factors. Texas: Texas is a strict limited-eligibility maintenance state. Court-ordered spousal maintenance is not automatic and is available only if the requesting spouse lacks sufficient property to meet minimum reasonable needs and satisfies a statutory eligibility ground. Texas has no formula for the actual award amount, but it has a hard statutory maximum of the lesser of $5,000 per month or 20% of payer gross monthly income.
Duration
Colorado: For marriages under 3 years, the advisory duration table does not apply, though maintenance may still be considered in unusual circumstances. For marriages of 3 to 20 years, Colorado uses an advisory duration table beginning at about 31% of the marriage length for a 3-year marriage and increasing gradually to 50% of the marriage length by 12.5 years. For marriages over 20 years, the court may award maintenance for a fixed term or indefinitely, but generally should not order less than the 20-year guideline term without specific findings. Texas: Texas generally requires maintenance to last only for the shortest reasonable period that allows the recipient to earn enough income to meet minimum reasonable needs. Maximum duration is generally 5 years for family-violence eligibility cases or marriages of at least 10 but less than 20 years, 7 years for marriages of at least 20 but less than 30 years, and 10 years for marriages of 30 years or more. Maintenance based on the recipient's disability or care of a disabled child may continue as long as the qualifying condition continues, subject to review.
Modification
Colorado: Maintenance may be modified upon a substantial and continuing change in circumstances unless the parties validly agreed that maintenance would be non-modifiable. Courts evaluate financial developments affecting need or ability to pay. Texas: A maintenance order may be modified upon a material and substantial change in circumstances affecting either party. Any modified award remains subject to Texas statutory caps and limitations.