
Equitable Distribution Explained
Terminology
During Divorce
Colorado
Colorado divides marital property "equitably" (meaning fairly) which is NOT necessarily equally. Judges have discretion, although, in practice, many divisions land near 50/50.
Colorado is an "equitable distribution" state under C.R.S. § 14-10-113. When spouses can't agree, the judge divides the marital estate in a way the court considers fair given the circumstances, and "fair" doesn't automatically mean a perfect 50/50 cut, though it often ends up close. The statute directs courts to weigh four main factors: each spouse's contribution to acquiring the marital property (including contributions as a homemaker); the value of the separate property each spouse keeps; the economic circumstances of each spouse at the time of division (including whether the parent with the children should be able to stay in the family home); and any increase or decrease in the value of separate property during the marriage, or its depletion for marital purposes.
This is different from "community property" states that presume a 50/50 split. Because so much rides on how a particular judge weighs the factors, the property portion is one of the strongest reasons to get legal advice rather than relying on guesses/assumptions.
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Colorado
Colorado, USA
