Let’s talk about one of the biggest fears and frustrations I hear echoed across divorce conversations:
“What if they just… stop working?”
Or its cousin:
“What if they earn way less on purpose?”
And sometimes, the curveball:
“What if they have all the degrees but never actually used them?”
So many “what ifs,” right?
To unpack this, we sat down with Cody Christian, Esq., a Colorado Springs family law attorney, and asked her the questions people really want answered.
First, Colorado courts don’t do autopilot
This is really important:
There is no magical divorce conveyor belt that automatically spits out spousal support, or penalties, or income assignments just because one spouse isn’t working.
Colorado courts want to understand the story behind the income — or lack of it. And they do it thoughtfully.
The judge is basically asking: “Is this a can’t work situation, or a won’t work situation?”
And the difference between those two? Legally and financially can be massive.
Colorado judges can recognize there are legitimate reasons someone isn’t earning right now. Some examples:
- They have a documented medical condition that makes them physically or mentally incapacitated
- They’re the primary caregiver of a child under 24 months and the parents owe a joint legal responsibility to that child
- Or — plot twist — they’ve hit retirement age (65+) regarding maintenance or alimony
In those cases, income arguments shift. The court isn’t likely to impute minimum wage to someone who physically or legally can’t work.
But when none of those apply? The conversation changes.
“Imputed income” = the court saying, ‘Let’s be realistic here.'”
If a spouse is choosing not to work or earning way less than they reasonably could, Colorado courts can assign an income level to them based on earning potential.
That’s called imputed income.
And it’s not personal. It’s not emotional. It’s the court doing math with fairness goggles on.
Think of it like this:
One spouse shows up with pay stubs. The other shows up with… vibes.
The judge can’t calculate support off vibes.
So the court may step in and say:
“Based on your background, skills, local job market, and Colorado minimum wage, we’re going to assume you could reasonably earn at least this much.”
Then they plug that assumed income into:
- Child support calculations (Colorado has clearer statutory guidance here)
Spousal maintenance calculations (only if it was formally requested and supported with evidence)
“What if they haven’t worked in years?”
This one gets asked constantly, and it’s so human.
You can still start with a minimum wage earning-capacity argument in Colorado.
But if you believe they could reasonably earn more based on past career or education, that’s where a vocational evaluation comes in.
And now for the PhD wildcard
One spouse goes back to school. Earns not one, but two PhDs. Has certifications and training stacked like pancakes. But has never actually been employed in any of those fields.
So the question becomes:
“Does a vocational evaluation still make sense?”
Cody’s answer: Yes — absolutely.
Because a vocational evaluator is an expert who may be able to testify to:
- What those fields typically pay in Colorado
- Whether the spouse has transferable job skills
- What the local job market demand looks like
- And what their earning potential reasonably could be
And in Colorado family court, evidence in the form of expert testimony can help the argument.
You can enter the vocational report into evidence and have a qualified expert walk through it on the stand:
“Here’s the report. Here’s the methodology. Here’s why it’s reasonable. And here’s what in that expert’s opinion this person could earn.”
That’s compelling to the court because it should be data-backed, and delivered by someone with expertise.
Is spousal maintenance automatic if a spouse doesn’t work?
Nope. Nothing in divorce is automatic.
In Colorado:
- You must request spousal maintenance in the divorce petition or response
- The court cannot award it unless it was asked for
- The person asking for maintenance needs to prove among other things that they have a need for maintenance and that the party asking to pay maintenance has the ability to pay maintenance
- Unemployment alone does not automatically trigger maintenance
- But it may trigger a conversation about imputed income, if voluntarily underemployed and supported by evidence
Bottom line
Here’s the real headline:
You don’t have to prove they want to hurt you.
You just have to prove the income (or lack of it) isn’t a fair reflection of their ability to earn.
And Colorado courts will listen when the argument is reasonable and supported by evidence — especially when a vocational expert helps translate education, skills, and market data into courtroom-ready testimony.
Final Takeaways (for Colorado specifically)
- Nothing is automatic — support must be requested
- The court cares about evidence of earning capacity
- Colorado minimum wage is the common starting baseline argument for income imputation when unemployment is voluntary
- Vocational evaluations can help when education or past career suggests higher earning potential
- Expert testimony can give you some evidence for your argument
Preparation is a quiet superpower in divorce. Whether it’s organizing documents, understanding the law, or bringing in expert insight, having the right information and support transforms overwhelming moments into strategic confidence — and Colorado courts respect that. Remember- In Divorce, Knowledge is Power- join us at an upcoming workshop or event to be empowered with more information.
The information contained in this Blog Post is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in this site or post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Blog Post contains general information and may not reflect current legal developments, verdicts or settlements. Law Office of Cody Christian LLC and Cody Christian expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Blog Post.
