Equitable Distribution Explained

Equitable Distribution Explained

Terminology

During Divorce

Colorado

Property

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.

Links

Website

Location

Colorado

Colorado, USA