How to divide property in a divorce or separation

Many married couples share their possessions liberally. If a marriage comes across hard times, then it is common for a spouse to move out of a residence with his or her belongings in tow. The task of dividing property during a divorce or separation can be difficult. Understanding Colorado law may make the process less contentious. 

Colorado law states that two individuals should equitably divide all property acquired during a marriage. Some individuals may mistake this to mean an equal, 50/50 split, but this is not the correct way to interpret the law. 

Separate, but not equal 

The more precise definition of “equitable” means nondiscriminatory or just. A variety of factors can influence what constitutes the fair division of property, such as: 

  • Age of spouses  
  • Income  
  • Contribution to a marital estate versus contribution as a homemaker  

A judge often plays a big role in the division of property. Some may find it disappointing that the judge typically considers how spouses behaved while married to be irrelevant. So, if a person cheated, stole or engaged in other immoral acts, then he or she can still walk away with possessions worth a sizable amount. 

Nuances galore 

Those who are in the middle of parting ways should also take into account the nuances of property division. Colorado law can be dense and prone to misinterpretation. Some may claim that the law defies “common sense.” For example, a title of ownership does not affect the final settlement. If a husband bought a car under his name, then the vehicle may go to his wife during a divorce or separation. 

Property division is not always black and white. A prior case fought in the Colorado Supreme Court over what to do about a divorced couple’s frozen embryos showcases the complexity of property division. 

Couples can prepare for a divorce or separation by learning about Colorado law and having amicable discussions about their assets. The equitable standard of this state’s law makes it possible to achieve a result that satisfies both spouses.