Divorce for Pilots in Denver, Colorado: What You Need to Know About Child Support and Alimony

By Matthew C. Clawson, Colorado Divorce Attorney

As a commercial airline pilot, your career comes with incredible responsibilities—and some unique complications when it comes to divorce. From irregular flight schedules to variable income and specialized retirement benefits, the typical legal process doesn’t always apply cleanly.

Fortunately, Colorado family law allows for flexibility—if you have the right strategy and legal guidance.

If you're a pilot facing divorce, here’s what you need to know about child support, spousal maintenance, and creating custom parenting plans.

I. Child Support for Pilots in Colorado: Protecting Your Time and Income

How Child Support Is Calculated

Under C.R.S. § 14-10-115, child support is based on:

• Your gross monthly income

• Parenting time (number of overnights)

• Health insurance and childcare costs

Why Pilot Income Is Treated Differently

Because pilot income fluctuates, courts typically average it over 12 months to ensure fairness. Income sources may include:

• Guaranteed flight hours (base pay, 75–80 hrs/month)

• Overtime or premium flights

• Holiday pay, bonuses, and profit sharing

✅ Note: Per diem and reimbursements are usually excluded—unless they’re unusually high or used as income.
✅ Stock options and incentive plans must be disclosed but are often discounted if restricted or non-transferable.

Custom Parenting Time Solutions

Traditional “every other weekend” plans rarely work for pilots. Instead, courts may allow for more flexible arrangements:

• Custody that rotates with your monthly flight schedule

• Priority parenting time during off-duty blocks

• “Right of first refusal” for childcare when you're home

• Makeup time if you miss visits due to work
   

🔧 Pro tip: Include a clause that requires monthly coordination between parents to accommodate your flight schedule.

II. Alimony for Pilots: Planning for Retirement and Income Changes

Understanding Colorado’s Maintenance Laws

Under C.R.S. § 14-10-114, guideline formulas apply for marriages of 3–20 years if combined gross income is under $240,000. Above that, the court has more discretion.

What Courts Evaluate in Pilot Cases

• Average monthly income over time

• Historical earnings (3–5 years preferred)

• Financial obligations (e.g., crashpad rent, second homes)

Courts also consider your spouse’s needs—especially if they left the workforce to accommodate your travel or raise children.

FAA-Mandated Retirement Planning

Federal regulations require pilots to retire at 65. If your maintenance obligation extends beyond that, you could be paying based on income you no longer earn.

✅ Solution: Include a step-down or termination clause tied to your retirement date.
✅ Make sure airline pensions or military retirement plans aren’t double-counted if they’ve already been divided.

III. Strategic Tips for Pilots Navigating Divorce

IV. Sample Legal Clauses for Pilot Divorce Agreements

Income Averaging Clause:
“Pilot’s gross monthly income shall be calculated based on a 12-month average of base salary, bonuses, and incentive pay, excluding reimbursements and per diem.”

Flexible Parenting Time Clause:
“Each month, the parties shall exchange schedules and finalize a mutually agreed parenting plan based on the Pilot’s flight schedule. Makeup time shall be provided when work interferes with designated parenting periods.”

V. Key Documents to Provide Your Divorce Attorney

To protect your financial and parental rights, gather:

• 2 years of pay stubs or earnings summaries

• 3 years of W-2s or 1099s

• Your airline employment contract (to explain bonus structures)

• Monthly flight schedules or bid awards

• Pension and 401(k) statements

• Employee travel and benefits guides

VI. Should You Hire Divorce Experts?

In high-conflict or high-asset pilot divorces, consider these professionals:

• 📊 Forensic accountants to verify income and prevent inflated support

• 👩‍⚖️ Parenting experts to create practical custody solutions

• 💼 Vocational evaluators if your spouse claims underemployment

Final Thoughts: Protect Your Career, Custody, and Financial Future

You’ve worked hard to build a career as a pilot—your divorce shouldn’t put that at risk. With the right legal strategy and an attorney who understands the aviation industry, you can:

• Protect your income

• Secure meaningful time with your children

• Plan for a financially stable retirement
   

About the Author
Matthew C. Clawson, Colorado Divorce Attorney
Clawson & Clawson, LLP – Over 100 Years of Combined Legal Experience
📞 (719) 634-1848
📧 matthew@clawsonlawfirm.com
🌐 www.clawsonattorney.com