Key Takeaways Colorado courts deny spousal maintenance when the requesting spouse earns a comparable income or is financially self-sufficient. Marriages under three years are not subject to Colorado’s advisory maintenance formula. A valid prenuptial agreement that waives spousal maintenance is enforceable under Colorado law. Substantial property awarded in a divorce can eliminate the need…
Key Takeaways Colorado divides assets through equitable distribution, not community property. Marital property includes assets acquired during marriage regardless of title. QDROs are required to divide 401(k) and 403(b) accounts in divorce. Long marriages may result in longer or indefinite maintenance awards. Ending a long-term marriage in Colorado carries financial and legal pressures that…
Key Takeaways Dissipation centers on deliberate conduct, not poor financial judgment or investment loss. The timing of suspicious transactions and the resulting financial damage both factor into the court’s review. Assets accumulated between the wedding date and a decree of divorce or legal separation fall within the marital estate. When dissipation is established, courts…
Key Takeaways When a spouse receives property through divorce, there is no tax due as a result of that division or transfer. However, if the asset or account is one that has grown in value, but capital gains taxes may be incurred when that asset is eventually sold. For child support and for maintenance…
Key Takeaways Colorado requires a minimum 91-day waiting period before divorce finalization. The 91-day period begins when the court gains jurisdiction over the respondent. When both parties are aligned, uncontested divorces often resolve within three to five months. Contested cases involving assets or parenting disputes routinely extend beyond six months. Financial complexity, unresolved disputes,…
Key Takeaways Colorado divides marital property using an equitable distribution standard, not automatic equal division. Early preparation and documentation often shape temporary orders and negotiation leverage. In high-asset divorces, business valuation and executive compensation classification directly affect equitable division. Parenting time is determined under a best interests standard requiring courts to weigh multiple statutory…
Key Takeaways Colorado courts look at whether each parent is genuinely fostering the child’s relationship with the other parent. Repeated interference, hostility, or parenting order violations can lead to modification of parenting time or decision-making authority. Courts weigh concrete evidence, including communication records, missed exchanges, and adherence to the parenting plan. Withholding information, speaking…
Concerns about a child’s safety can force a parent to act quickly. In an effort to protect a child, normal legal processes may not suffice when a child may be in danger. An emergency custody order in Colorado exists for the limited situations where serious risk is too urgent to wait for the standard…
Family law disputes in Colorado often hinge on how and when parties request court intervention. In Denver legal proceedings, types of motions in family cases often shape interim rulings and can significantly influence how disputes involving parenting time, child support, spousal maintenance, attorney fees, property division, and enforcement unfold as a case progresses. However…
Going through a divorce can be a stressful experience. Even when the relationship has been falling apart for a long time, negotiating and dividing assets can be exhausting. In addition to being emotionally challenging, there are many myths when it comes to asset division. Whether you have heard them from an acquaintance or the…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Equity Partner Kathleen Ann Hogan, who has more than 20 years of legal experience as a Family Law Attorney in Colorado.