Legal Separation vs Divorce in Colorado

Colorado recognizes both legal separation and divorce. Under Colorado Revised Statutes Section 14-10-106, if either spouse requests that the court declare the couples are legally separated, rather than dissolving their marriage, the court will “grant the decree in that form unless the other party objects.” What this means in plain English is if both parties agree it should be a legal separation, that is what the court will enter. However, if one person wants a divorce and the other wants a legal separation, it will be a divorce.

Before couples decide between legal separation vs divorce, they’ll need to understand the implications of this choice and what it means for their future.

Differences Between Legal Separation and Divorce in Colorado

The key difference between a legal separation and a divorce is that divorce ends a marriage legally and permanently. However, with legal separation, spouses are allowed to live separately but remain married. Both offer a legal approach to the division of assets, custody of children, and the payment of alimony. Both result in the full and final division of the marital assets and liabilities, and no additional marital property or debt is accumulated after a decree of legal separation. However, only divorce can terminate a marital relationship. Understanding what each one means is important, as it can help you make a more informed decision.

Understanding What is a Divorce

Divorce or dissolution is the termination of a marital union and the cancellation of the legal duties and responsibilities of marriage between parties. Once this is completed, both people are legally single and free to marry again.

Here are the key elements of divorce in Colorado. The court divided the couple’s assets and debts between the parties. Another factor is income disparity, and spousal support, which is also called maintenance in Colorado, may be awarded depending on the length of the marriage and current income disparity. Legal parenting time and child custody arrangements are finalized as well, always with the best interests of the child in mind.

Also, divorce can lead to the loss of valuable spousal benefits like health insurance and inheritance rights. Whereas legal separation recognizes the end of the accumulation of marital assets and debts, but allows the couple to maintain certain financial ties. Divorce is a complete legal and financial severance between spouses.

What is Legal Separation?

Legal separation is a formal court order that allows a couple to live apart while remaining legally married. It is an alternative to divorce for those who may have personal, financial, or religious reasons for not dissolving their marriage.

Key aspects of legal separation in Colorado:

• The court issues a legal separation decree outlining asset division, child custody, and spousal support.
• Spouses remain legally married, meaning neither can remarry unless they later file for divorce.
• Health insurance and military benefits may continue, depending on the terms of the policy.
• Legal separation can be converted into a divorce later on the petition of either spouse. A joint agreement is not required for the conversion.

The Key Differences

The key distinction between legal separation and divorce is marital status. Legal separation allows spouses to live apart but remain legally married, while divorce permanently dissolves the marriage, affecting financial responsibilities and legal rights.

In terms of property division, both require court-ordered arrangements. Both result in a final split of marital assets and debts. However, legal separation allows ties to remain in certain cases, such as immigration status or the computation of the duration of the marriage for Social Security purposes.

Spousal benefits like health insurance may continue under legal separation. However, insurance coverage as a spouse ends with divorce. This can be a crucial factor for couples reliant on shared benefits. Keep in mind the availability of continued insurance coverage depends on the terms of the insurance plan and is not up to the parties or the court. Immigration status may also be affected. A party who is lawfully in the US only as the spouse of a legal immigrant or visa holder will no longer be a spouse after a divorce but will retain that status after a legal separation.

Remarriage is another major difference. Legally separated individuals cannot remarry, whereas divorced individuals are free to do so.

Is Legal Separation a Good Idea?

Legal separation is appropriate in situations where you do not want to get a divorce. This may be for personal or religious reasons. Occasionally, a health insurer will allow coverage of the spouse after a legal separation. However, that is not possible after a divorce, such as access to benefits.

However, if you plan to enter into new relationships, legal separation can be a problem since you’re not going to be able to marry anyone else.

If you decide to get back together, this can also create complications. If you had divorced, you could remarry. There’s no similarly simple way to end a legal separation.

Get Help from a Denver Family Law Attorney Today

If you are considering legal separation vs divorce in Denver, Colorado seeking professional legal guidance is essential. Our experienced family law attorneys at Hogan Omidi can provide the support and knowledge you need to make the best decision for your future.

Contact us today at 303-391-9600 for a consultation and take the first step toward resolution.