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Equitable Distribution in Colorado

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Equitable distribution is a legal principle employed in Colorado and other states that seeks to divide a couple’s marital property during a divorce fairly. With this method of property division “equitable” does not necessarily mean “equal”; instead, the court strives for a division that it deems just and reasonable, taking into account a myriad of factors such as each spouse’s contribution to the marital estate, the economic circumstances of each spouse, and the duration of the marriage. For instance, if one spouse had a significantly higher earning capacity, the court may award a larger share of the marital assets to the other spouse to offset the economic imbalance, embodying the principle of equitable distribution.

Is Colorado an Equitable Distribution State?

Yes, Colorado is an equitable distribution state. This means that the state follows the principle of equitable distribution when dividing property and assets during a divorce.

Equitable distribution is the concept that marital property should be divided fairly and justly between both parties in a divorce. This does not necessarily mean an equal 50/50 split, but rather a division that considers factors such as the length of marriage, each spouse’s financial contributions, and their individual needs after the divorce.

While equitable distribution is the default method for property division in a Colorado divorce, couples are also free to come up with their own agreement on how to divide their assets without court intervention. This is known as a “marital settlement agreement” and can be approved by the court as long as it is deemed fair and reasonable.

Misconceptions of Equitable Distribution

There are often misconceptions about equitable distribution, such as the belief that it means a 50/50 split of assets. In reality, the court may award a larger share of assets to one spouse based on factors such as their earning capacity or non-financial contributions to the marriage.

Another common misconception is that only marital property is subject to division. However, in Colorado, all property acquired during the marriage is considered marital property, regardless of whose name it is in. This includes assets such as retirement accounts, investments, and even businesses.

Factors Considered in Equitable Distribution

As mentioned earlier, the court takes various factors into account when determining an equitable division of assets. These may include:

  • The length of the marriage
  • Each spouse’s contribution to the marriage (financial and non-financial)
  • Each spouse’s individual financial needs after the divorce
  • The value of each spouse’s separate property
  • Any agreements between the spouses regarding property division
  • Any child custody arrangements

It is important to note that Colorado is a “no-fault” divorce state, meaning that marital misconduct does not play a role in the division of assets.

Separate Property Under Colorado Law

Separate property, as defined under Colorado law, refers to assets or property that each individual in a marriage owns independently and are typically not subject to division during a divorce. Separate property is distinguished from marital property, which is considered shared between spouses and subject to equitable division.

Common types of separate property may include:

  • Property owned by either spouse prior to marriage.
  • Gifts or inheritances received by either spouse, either before or during the marriage.
  • Personal injury awards received by either spouse during the marriage.
  • Property acquired by either spouse after a legal separation.
  • Any property that is explicitly excluded from the marital estate through a prenuptial or postnuptial agreement.

Remember, the distinction between separate and marital property can be complex, especially in cases where separate property is commingled with marital property. It’s always advisable to seek the guidance of a legal expert when navigating these matters.

Commingled Separate and Marital Property

In cases where separate property and marital property have been commingled, equitable distribution laws in Colorado may still consider these assets for division during a divorce. Commingling refers to the mixing of separate property with marital property, making it challenging to differentiate and divide them. Here are a few examples to illustrate this concept:

  1. Example of commingling: Let’s say one spouse inherits a valuable antique car during the marriage. Instead of keeping it separate, the couple uses marital funds to restore and maintain the car. In this scenario, the inheritance (separate property) has been commingled with marital funds, making it subject to equitable distribution.
  2. Example of commingling: Suppose one spouse receives a monetary gift during the marriage and deposits it into a joint bank account shared with the other spouse. Over time, both spouses use funds from this account for household expenses and investments. In this case, the gift (separate property) has been commingled with marital funds, potentially making it eligible for division in a divorce.

Determining whether commingled assets will be subject to division depends on various factors, such as the intent of the parties and the extent of commingling. Consulting with a legal professional can provide specific guidance based on the unique circumstances of each case.

Frequently Asked Questions about Equitable Distribution in Colorado:

What are equitable distribution states?

The concept of equitable distribution refers to the division of assets between two parties in a divorce or dissolution of marriage. In equitable distribution states, marital property is divided fairly and justly, taking into consideration various factors such as the length of the marriage, each party’s contribution to the marriage, and future financial needs.

An example of equitable distribution would be if one spouse worked while the other stayed at home to care for the household, and in a divorce, both parties are entitled to an equal share of the marital assets.

There are currently 41 states that follow equitable distribution laws, including Colorado. The remaining nine states use community property laws where assets acquired during a marriage are considered equally owned by both spouses. In contrast, equitable distribution states aim to divide assets fairly, rather than equally. This can lead to a more complex and subjective process, as each party’s contribution and needs are taken into account.

Q: Does equitable distribution in Colorado mean a 50/50 split of assets?

A: No, equitable distribution in Colorado does not necessarily mean an equal 50/50 division of assets. The court determines a fair division based on various factors.

Q: What factors does the court consider in equitable distribution in Colorado?

A: The court considers factors such as income potential, financial needs, property acquired before or after the marriage, the length of the marriage, age and health of each spouse, and future financial prospects.

Q: How can I ensure a fair distribution of marital property in Colorado?

A: It is crucial to seek legal advice from a family law specialist in Colorado. They can guide you through the complex process and ensure your rights and assets are protected.

Q: Can prenuptial agreements be used to outline asset division in Colorado?

A: Yes, prenuptial agreements can be used to establish how assets will be divided in case of divorce in Colorado. They provide peace of mind and can help avoid potential conflicts.

Q: Are debts acquired during the marriage considered equitable distribution in Colorado?

A: Yes, in divorce, debts such as mortgages, credit card debts, and loans acquired during the marriage are considered. These debts are divided fairly based on each party’s contribution and needs, ensuring a just distribution of financial responsibilities. This approach aims to address the financial impact of the marriage dissolution comprehensively, taking into account the specific circumstances and financial obligations of both parties.

Q: Are equitable distribution laws the same in every state?

A: No, equitable distribution laws can vary by state. To ensure a fair outcome for both parties, it is important to understand how the specific laws in Colorado impact your unique situation. It is highly recommended to consult with a Colorado lawyer who can provide guidance on how the law applies to your case.

Get Support From Top Denver Property Division Attorneys

Petrelli Previtera has earned a reputation as one of the leading divorce firms in Denver. Our managing partner, Thomas Petrelli, Jr., has received the highest possible rating of 10/10 from Avvo. Recently, we were also recognized by Inc. 5000, ranking #2703 on the 2019 Inc. 5000 list. These accolades demonstrate our dedication to helping our clients achieve the freedom and better life they deserve after divorce.

When you need the best property division attorneys in Denver, you can rely on our team of experienced and highly skilled lawyers. We are committed to protecting your interests and fighting for your rights. Call (303) 416-7086 or schedule an online consultation via Zoom to book an appointment with us.

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Unlike other law firms, we don’t leave you hanging when things get tough. We are dedicated to handling all aspects of your property division case, providing comprehensive support and answering any questions you may have along the way. Our goal is to bring clarity to the chaos and ensure a positive outcome, no matter how complex your situation may be. Contact us today at (303) 416-7086 or schedule an online consultation with one of our live agents to find out if we’re the right fit for you.

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