Expert Legal Counsel for Your Divorce & Property settlement

 In Colorado, property division and property settlement in a divorce is governed by the equitable distribution doctrine. This means that in a divorce the court will divide the marital property in a way that is fair to both spouses, taking into account all of the relevant factors.

The court will consider a number of factors when dividing property in a divorce, including:

• The length of the marriage
• The contributions of each spouse to the marriage, including financial contributions, non-financial contributions, and contributions to the care and education of children
• The needs of each spouse
• The earning potential of each spouse
• The tax consequences of the property division
• The wishes of the spouses, if they are able to agree on a division of property

The court is not bound by any formula or rule when dividing property in a divorce. The court will make a decision based on what it believes is fair to both spouses, given the specific facts of the case.

In Colorado, marital property is defined as all property acquired by either spouse during the marriage, regardless of how it is titled. 

Separate property is defined as property that was owned by either spouse before the marriage, or property that was acquired by either spouse after the marriage through a gift or inheritance.

The court will typically divide marital property equally, but it may award a disproportionate share of the property to one spouse if it believes that is fair. For example, the court may award a disproportionate share of the property to the spouse who has been the primary caregiver for the children, or to the spouse who has a lower earning potential.

The court may also award one spouse the marital home, if it believes that is in the best interests of the children. In this case, the other spouse may be awarded a larger share of the other marital assets to compensate for the loss of the marital home.

If you are considering filing for divorce in Colorado Springs, it is important to speak with an experienced family law attorney about divorce and property division. Bridget can can help you understand your rights and options when it comes to divorce property settlement and family law, and can represent you in court if necessary.