Affordable Family Law Help in Colorado

When most people think about family law, they imagine divorce proceedings, custody disputes, child support battles, or property division. What they don’t always anticipate, however, is how expensive the process can become. Family law issues are not just emotionally taxing—they can also place an overwhelming financial burden on individuals and families.

In Colorado, the costs of divorce or custody disputes often rise quickly due to attorney’s fees, court costs, mediation sessions, and other related expenses. For many, the thought of paying for legal help feels impossible, leaving them stuck between protecting their rights and preserving their financial stability.

But affordable family law help is possible. From seeking flexible legal services to exploring legal financing options, families in Colorado have more tools at their disposal than they might realize. This guide will walk you through the challenges of affording family law representation, strategies to manage costs, and how legal financing can bridge the gap between your financial situation and the legal help you need.

Why Family Law Help Matters

Family law cases often involve life-changing issues such as:

  • Divorce and separation
  • Child custody and visitation
  • Child support and alimony
  • Property and asset division
  • Domestic violence or protection orders
  • Adoption and guardianship

The outcome of these cases can shape your financial security, your relationship with your children, and your long-term well-being. Having a skilled attorney ensures that your rights are protected and that you understand the legal process. Unfortunately, the cost of obtaining this representation often becomes the biggest barrier.

Affordable Options for Legal Help

While family law can be expensive, there are ways to access more affordable services without sacrificing quality:

1. Limited-Scope Representation

Also known as “unbundled legal services,” this allows clients to hire an attorney for specific tasks instead of full representation. For example, a lawyer might draft documents, review agreements, or prepare you for court while you handle other parts of the case yourself.

2. Mediation Services

Mediation is often less expensive than a full trial and encourages cooperative solutions. Many Colorado courts encourage mediation in family law cases. While it still has costs, it can reduce time in court and attorney fees.

3. Payment Plans

Some family law attorneys offer payment arrangements to help clients spread out costs over time instead of paying large sums upfront.

4. Legal Aid and Nonprofit Assistance

Organizations like Colorado Legal Services provide help to those who meet income requirements. While not everyone qualifies, this can be a lifeline for low-income individuals.

5. Legal Financing

When traditional options aren’t enough, legal financing provides another path to affordable family law help. Legal financing companies fund the costs of divorce or custody cases, and repayment is typically structured in a way that aligns with your financial situation.

Legal Financing: Bridging the Gap

Legal financing is a growing resource for families who need representation but can’t afford the upfront cost. Unlike traditional loans, these financial tools are often structured to support clients during litigation, sometimes with repayment tied to the resolution of the case.

Here are three trusted legal financing providers that offer support for divorce and family law cases in Colorado:

1. National Divorce Capital

National Divorce Capital specializes in financing for divorce cases. They provide funding for attorney fees, expert witnesses, and living expenses during lengthy proceedings. Clients can apply for funding to help manage costs without draining savings or relying on high-interest credit cards.

2. New Chapter Capital

New Chapter Capital focuses on empowering individuals going through divorce by offering financial solutions that cover legal fees and related expenses. Their goal is to ensure that no one has to forgo skilled representation simply because they can’t pay upfront.

3. Schneider Financial Solutions

Schneider Financial Solutions offers a wide range of financial support, including legal funding for divorce and custody cases. They design repayment plans that fit clients’ unique circumstances, making family law help more accessible for middle-income individuals who might not qualify for legal aid.

These financing options can provide peace of mind, allowing you to focus on your case rather than worrying about how you’ll pay your attorney.

Benefits of Legal Financing

Legal financing has several advantages for individuals facing family law disputes in Colorado:

  • Access to quality representation: Ensure that you can hire an experienced attorney without compromising due to cost.
  • Financial flexibility: Spread out payments instead of draining your savings or taking on high-interest debt.
  • Peace of mind: Focus on your family and your case instead of constant financial stress.
  • Level playing field: In cases where one spouse controls the marital finances, legal financing ensures that both parties have the resources to fight fairly.

Affordable Legal Help Is Possible

Facing family law issues in Colorado can feel overwhelming, especially when you’re worried about money. But remember, you don’t have to choose between your financial security and your legal rights. By exploring affordable options like limited-scope representation, mediation, payment plans, and legal aid—and by considering legal financing when necessary—you can access the family law help you need without sacrificing your future. Call us or fill out our form for your free consultation with one of our experienced divorce attorneys.

Understanding Domestic Violence: Signs, Impact, and Support

Domestic violence is a devastating issue that affects millions of people across the world. It is not limited by age, gender, race, or socioeconomic status—it can happen to anyone, in any community. While many people associate domestic violence with physical abuse, it often extends beyond that, encompassing emotional, psychological, financial, and sexual harm.

This blog explores what domestic violence is, how to recognize it, its lasting impact, and the resources available to those affected. By raising awareness and providing education, we can contribute to prevention and empower survivors to seek help.

What Is Domestic Violence?

Domestic violence (also called intimate partner violence, or IPV) is a pattern of abusive behavior in a relationship that one partner uses to gain or maintain power and control over another. Abuse can take many forms, including:

  • Physical abuse: hitting, slapping, choking, shoving, or using weapons.
  • Emotional abuse: insults, humiliation, threats, or manipulation.
  • Psychological abuse: gaslighting, controlling behaviors, isolation from family and friends.
  • Sexual abuse: unwanted sexual activity, coercion, or marital rape.
  • Financial abuse: controlling money, forbidding work, or restricting access to resources.

The key element is control. Abusers seek to dominate their victims and strip away their autonomy.

Statistics That Highlight the Issue

The scale of domestic violence is staggering:

  • In the United States, 1 in 4 women and 1 in 9 men have experienced severe intimate partner violence at some point in their lives (National Coalition Against Domestic Violence).
  • On average, nearly 20 people per minute are physically abused by an intimate partner in the U.S.
  • Globally, the World Health Organization (WHO) estimates that 1 in 3 women has experienced physical or sexual violence by a partner.
  • Children are also deeply affected. Every year, millions of children witness domestic violence, and many suffer abuse themselves in households where violence is present.

These numbers only scratch the surface, as domestic violence is severely underreported due to stigma, fear, and lack of resources.

Signs of Domestic Violence

Recognizing the warning signs of domestic violence can save lives. Victims may hide abuse out of shame, fear of retaliation, or concern for their children. Common indicators include:

Behavioral Signs

  • Withdrawal from friends, family, and activities.
  • Nervousness, jumpiness, or being unusually quiet around their partner.
  • Sudden changes in self-esteem or confidence.

Physical Signs

  • Frequent, unexplained injuries or excuses that don’t add up.
  • Wearing concealing clothing, even in hot weather, to cover bruises.

Situational Signs

  • Limited access to money, credit cards, or transportation.
  • Having to “check in” constantly with their partner.
  • Canceling plans last minute due to “family emergencies.”

If you notice these patterns in someone you know, they may be experiencing abuse.

Why Victims Stay

One of the most misunderstood aspects of domestic violence is why victims don’t just leave. Outsiders often assume leaving is the obvious solution, but in reality, it’s complicated and dangerous. Reasons include:

  • Fear of retaliation: Leaving is often the most dangerous time, as abusers may escalate violence.
  • Financial dependence: Many victims lack the financial resources to survive on their own.
  • Children: Victims may worry about custody battles or the impact of leaving on their children.
  • Manipulation: Abusers use psychological tactics to make victims feel powerless or undeserving of better.
  • Cultural or religious pressures: In some communities, divorce or separation is heavily stigmatized.

Understanding these barriers is essential to offering compassion instead of judgment.

The Impact of Domestic Violence

Domestic violence leaves deep and lasting scars—not only on victims but also on families, children, and society at large.

On Survivors

  • Physical health issues: chronic pain, injuries, sexually transmitted infections, or disabilities.
  • Mental health struggles: depression, anxiety, PTSD, suicidal thoughts.
  • Economic impact: missed work, job loss, or limited career opportunities.

On Children

Children exposed to domestic violence often experience:

  • Anxiety, depression, or developmental delays.
  • Behavioral problems, including aggression or withdrawal.
  • Increased risk of becoming victims or abusers in adulthood.

On Society

Domestic violence costs billions annually in healthcare, legal expenses, lost productivity, and social services. Communities bear the burden when cycles of abuse remain unbroken.

The Legal Side of Domestic Violence

Domestic violence is not just a private issue—it’s a serious crime. Laws vary by state and country, but most jurisdictions recognize the need for strong protections. Common legal measures include:

  • Protective orders (restraining orders): Court-issued orders prohibiting contact between the abuser and the victim.
  • Mandatory arrest policies: In some states, police must make an arrest if there is probable cause of domestic violence.
  • Child custody considerations: Courts take domestic violence into account when determining custody and visitation rights.
  • Criminal charges: Abusers may face assault, harassment, stalking, or other criminal charges.

Victims should know their rights and seek legal help when necessary. Law firms and legal aid organizations often provide free or reduced-cost services to survivors.

Breaking the Cycle: Prevention and Education

Domestic violence thrives in silence. To break the cycle, we must focus on education, prevention, and cultural change.

  • Teach healthy relationships: Schools and communities should educate young people on respect, consent, and equality.
  • Support survivors: Providing accessible shelters, hotlines, and counseling can help victims rebuild their lives.
  • Challenge harmful norms: Society must confront toxic masculinity, victim-blaming, and gender inequality.
  • Community involvement: Friends, family, and neighbors should be proactive in recognizing signs and offering support.

Every effort helps chip away at the stigma and creates safer environments for those at risk.

How to Help a Loved One

If you suspect someone is experiencing domestic violence, it’s important to approach the situation with care:

  1. Listen without judgment – Allow them to share their story without pushing or criticizing.
  2. Offer support, not pressure – Leaving must be their decision; pushing too hard may backfire.
  3. Provide resources – Share hotline numbers, local shelters, or legal aid contacts.
  4. Safety first – Encourage them to create a safety plan if they choose to leave.

Being a consistent source of support can make a huge difference.

Moving Toward Healing

Recovery from domestic violence is a journey, not an event. Survivors may need years of support, therapy, and community to rebuild trust and self-worth. Healing involves:

  • Therapy and counseling to address trauma.
  • Support groups to connect with others who share similar experiences.
  • Legal and financial stability to regain independence.
  • Self-care and empowerment through rebuilding confidence and pursuing personal goals.

While the path may be long, survivors can—and do—find peace, safety, and fulfillment after abuse.

Conclusion

Domestic violence is a pervasive problem that destroys lives, but it does not define survivors. With awareness, education, legal protection, and community support, we can work together to end the cycle of abuse.

If you or someone you love is facing domestic violence, know that you are not alone and that resources are available to help. By speaking out, supporting survivors, and challenging harmful cultural norms, we can build a society where everyone feels safe in their own homes. Call us or fill out our form for your free consultation with one of our experienced divorce attorneys.

Custody and Deployment: How Military Divorce Impacts Families

Military families face unique challenges that can place an extraordinary strain on marriages. Frequent relocations, long separations, and the stress of deployment can all take a toll on relationships. When divorce becomes unavoidable, service members and their spouses encounter additional legal and emotional hurdles—especially when children are involved.

One of the most complex issues in a military divorce is child custody. Unlike civilian divorces, custody arrangements in military families must account for deployments, frequent moves, and the demands of military service. These factors don’t just affect the parents; they shape the lives of children who must adapt to changing routines and sometimes long absences from one parent.

This blog explores how deployment impacts custody, the legal considerations unique to military divorces, and the ways families can protect their children’s best interests during this difficult time.

The Unique Challenges of Military Divorce

While every divorce is difficult, military divorces bring distinctive complications that influence custody decisions. Some of the most significant challenges include:

1. Deployment and Extended Absences

Unlike civilian parents, military service members may be deployed overseas or stationed away from home for months—or even years—at a time. These absences make traditional custody arrangements difficult. Courts must plan for what happens when a parent cannot physically care for the child due to military duty.

2. Frequent Relocations

Military families often relocate every two to three years. This can disrupt a child’s schooling, social life, and routine. It also complicates custody orders if parents live in different states or even different countries.

3. Jurisdictional Issues

In civilian divorces, custody cases are typically handled by the state where the child resides. But with military families moving frequently, questions about which state has jurisdiction can arise. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides guidelines, but applying them in military situations can be complex.

4. Emotional Strain on Families

The uncertainty of deployments and relocations can heighten stress for both parents and children. These pressures often play into custody disputes, as each parent may feel strongly about where and how their children should be raised.

Legal Protections for Military Parents

Recognizing these unique challenges, both federal and state laws provide protections for service members in custody and divorce proceedings.

The Servicemembers Civil Relief Act (SCRA)

The SCRA offers legal protections to military members so they are not disadvantaged in civil proceedings while serving. For custody disputes, this means:

  • Courts may postpone proceedings if a service member cannot attend due to deployment.
  • Service members have the right to request stays or delays to ensure they can participate in their case.

These provisions help ensure that custody decisions are not made unfairly in a parent’s absence.

State Custody Laws and Deployment Provisions

Many states, including Colorado, have laws that specifically address how deployment impacts custody. Typically, these laws:

  • Prevent courts from permanently altering custody arrangements solely because of deployment.
  • Allow temporary modifications during deployment, with the understanding that custody reverts once the service member returns.
  • Permit service members to delegate parenting time to another family member (such as a grandparent) during deployment.

These protections aim to preserve the parent-child relationship despite the realities of military service.

Custody Arrangements in Military Divorce

When courts evaluate custody in a military divorce, the primary focus remains the best interests of the child. However, the realities of military life influence how custody is structured.

Primary vs. Joint Custody

  • Primary Custody: In many military families, the non-military parent may be awarded primary custody due to the service member’s deployment schedule. This provides stability for the child.
  • Joint Custody: Courts still favor joint custody when possible, but practical considerations—such as the military parent’s availability—play a role in how parenting time is divided.

Temporary Custody During Deployment

When a military parent is deployed, temporary custody arrangements are often put in place. These arrangements may include:

  • Allowing the child to stay with the non-military parent full-time.
  • Granting extended visitation to the non-military parent during deployment.
  • Assigning visitation rights to close relatives of the deployed parent if permitted by law.

Parenting Plans and Flexibility

Military divorces often require customized parenting plans that account for deployment and relocation. These plans may include:

  • Provisions for makeup parenting time when the service member returns.
  • Communication arrangements (video calls, letters, or emails) to maintain the parent-child bond during deployment.
  • Flexibility clauses allowing parents to adjust schedules based on duty changes.

The Emotional Impact on Children

Beyond the legal complexities, custody and deployment profoundly affect children. Divorce itself is disruptive, but combined with the absence of a parent due to military service, the emotional toll can be significant.

Common Challenges for Children

  • Separation Anxiety: Long deployments can cause children to feel abandoned or disconnected from the deployed parent.
  • Adjustment Stress: Relocations may force children to repeatedly change schools and social circles.
  • Emotional Uncertainty: Divorce can create insecurity about where the child belongs and how family relationships will function.

Supporting Children Through the Transition

Parents can take proactive steps to minimize the emotional strain:

  • Maintain consistent routines wherever possible.
  • Encourage open communication about the child’s feelings.
  • Use technology to keep the deployed parent present in the child’s life.
  • Seek counseling or support groups for military families.

When both parents prioritize the child’s well-being over disputes, children are better able to adjust.

Best Practices for Military Families Facing Divorce

Successfully navigating custody and deployment during a military divorce requires careful planning and cooperation. Here are some best practices for families:

1. Develop a Detailed Parenting Plan

Anticipate deployment, relocation, and changes in schedule. The more specific the plan, the fewer disputes arise later.

2. Communicate Clearly and Respectfully

Divorce can heighten emotions, but respectful communication helps parents collaborate on custody arrangements. Keeping the focus on the child’s best interests prevents unnecessary conflict.

3. Prioritize the Child’s Stability

Frequent moves or disruptions can negatively affect children. Courts often consider which parent can provide the most stable environment. Parents should strive to minimize transitions.

4. Stay Informed About Legal Rights

Both service members and civilian spouses should understand their rights under SCRA, state laws, and custody statutes. Consulting an experienced family law attorney ensures these rights are protected.

5. Use Mediation When Possible

Mediation allows parents to create flexible solutions that work for their unique family circumstances. It can reduce conflict, save time, and prevent litigation.

How Attorneys Can Help

Military divorce requires specialized knowledge of both family law and military regulations. An experienced attorney can:

  • Explain how state and federal laws apply to your case.
  • Assist with jurisdictional issues when families live in different states.
  • Help draft parenting plans that accommodate deployment and relocation.
  • Represent your interests in court while ensuring the child’s best interests are prioritized.

Legal guidance is essential to ensure custody decisions are fair and workable for both parents and children.

Conclusion: Protecting Families Through Transition

Divorce is never easy, and military families face added challenges when custody and deployment intersect. Service members dedicate their lives to protecting the country, but they should not lose their parental rights because of their duty. At the same time, children deserve stability, love, and support as their family structure changes.

By understanding the legal protections available, planning for deployment, and prioritizing the best interests of the child, military families can navigate divorce with greater confidence. With the right legal and emotional support, parents can create custody arrangements that honor both their responsibilities to their children and to their country.

Divorce vs. Legal Separation: Which Is Right for You?

When a marriage is no longer working, couples are often faced with a difficult question: should they pursue a divorce or consider a legal separation? While both processes allow spouses to live apart and establish legal arrangements regarding finances, property, and children, the outcomes and long-term implications are very different. Understanding the differences between divorce and legal separation can help you decide which path makes the most sense for your unique situation.

What Is Legal Separation?

A legal separation is a court-approved arrangement where a married couple lives apart but remains legally married. It is more than just moving into separate homes—it involves filing a petition with the court and establishing legally binding agreements on issues such as:

  • Child custody and visitation
  • Child support
  • Spousal support (alimony)
  • Division of property and debts

In Colorado, for example, couples must file for legal separation through the court system, much like they would for a divorce. The court issues a decree of legal separation, which formalizes the arrangement.

Why Choose Legal Separation?

For some couples, legal separation is a more suitable option than divorce. Reasons might include:

  1. Religious or Personal Beliefs
    Some faiths strongly discourage or prohibit divorce, making legal separation a way to live independently while respecting those beliefs.
  2. Health Insurance and Benefits
    Remaining legally married can allow one spouse to continue receiving health insurance coverage through the other’s employer or maintain access to certain benefits.
  3. Financial Considerations
    Couples may find that separating legally—while remaining married—allows them to better manage joint financial responsibilities, tax benefits, or retirement benefits.
  4. Uncertainty About Divorce
    For some couples, legal separation provides space and time to determine whether reconciliation is possible, without the finality of divorce.
  5. Residency Requirements
    In certain situations, couples may choose legal separation first if they have not yet met the residency requirements to file for divorce in their state.

What Is Divorce?

Divorce, or dissolution of marriage, is the permanent and legal end of a marriage. Once a divorce is finalized, both parties are legally single and free to remarry. Like legal separation, divorce requires court involvement and addresses issues such as:

  • Division of property and debts
  • Child custody and visitation
  • Child support
  • Spousal support

However, unlike legal separation, divorce is final and comes with legal consequences that cannot easily be reversed.

Why Choose Divorce?

Divorce may be the best option if you are ready to move on completely from the marriage. Reasons couples choose divorce include:

  1. Closure and Independence
    Divorce provides a clean break and allows both spouses to fully move forward with their lives.
  2. Ability to Remarry
    Only divorce allows individuals to remarry. For those who want the option of future relationships or marriages, this is essential.
  3. Financial Independence
    Divorce legally severs financial ties between spouses, which can help avoid conflicts over future debts or obligations.
  4. Finality
    For many, the emotional clarity of divorce outweighs the uncertainty of ongoing legal separation.

Key Differences Between Divorce and Legal Separation

While divorce and legal separation may look similar in terms of process, the differences are critical:

AspectDivorceLegal Separation
Marital StatusLegally singleStill legally married
Ability to RemarryYesNo
Insurance & BenefitsUsually ends spousal benefitsSpousal benefits may continue
Financial SeparationComplete division of property/debtsSimilar division, but marriage remains intact
Emotional ClosurePermanentMay leave door open for reconciliation
Religious/Personal ConsiderationsMay conflict with beliefsAllows separation without violating beliefs

How to Decide Between Divorce and Legal Separation

Deciding whether divorce or legal separation is right for you depends on your goals, values, and circumstances. Consider the following questions:

  • Are you certain your marriage is over?
    If reconciliation is not an option, divorce may be best.
  • Do you want the option to remarry?
    If yes, only divorce will allow that.
  • Are there financial or insurance benefits you want to preserve?
    Legal separation might allow you to maintain access to these.
  • Do religious or personal beliefs make divorce difficult?
    Legal separation could be a respectful alternative.
  • Do you need time and space to decide?
    Legal separation provides a trial period without the permanence of divorce.

Ultimately, your choice should reflect both your emotional well-being and your long-term practical needs.

Legal Process for Divorce and Legal Separation in Colorado

In Colorado, both divorce and legal separation follow a similar process:

  1. Filing a Petition – One spouse files paperwork with the court.
  2. Financial Disclosures – Both parties exchange information about assets, debts, and income.
  3. Negotiation/Mediation – Couples attempt to agree on property division, custody, and support.
  4. Court Hearing – If agreements are reached, a judge reviews and approves them. If not, the court makes final decisions.
  5. Final Decree – The court issues either a decree of dissolution (divorce) or a decree of legal separation.

One important note: In Colorado, couples who are legally separated can later convert their separation into a divorce decree after six months if they choose. This flexibility can be helpful for couples who are unsure about their long-term decision.

Conclusion: Choosing the Right Path

Whether divorce or legal separation is right for you depends on your personal circumstances, financial needs, and long-term goals. Both options involve serious legal and emotional considerations, and making the wrong choice can have lasting consequences. That’s why it’s crucial to seek guidance from experienced family law attorneys who can help you navigate the process and make informed decisions.

At Divorce Matters, we understand how difficult these choices can be. Our compassionate and knowledgeable team has helped countless individuals in Colorado determine the best path forward for their families. Whether you’re considering legal separation, divorce, or simply exploring your options, we are here to guide you every step of the way.

Understanding Child Support in Colorado: What Parents Need to Know

Child support is one of the most important financial obligations that arises when parents separate or divorce. In Colorado, the state’s guidelines are designed to ensure children continue to receive the financial support they need to thrive—regardless of which parent has primary custody. For parents navigating this process, understanding how child support is determined, enforced, and modified is essential.

How Child Support Is Calculated in Colorado

Colorado uses an income shares model to calculate child support. This means the court considers the combined income of both parents and estimates how much they would have spent on their child if they were living together. That amount is then divided proportionally between the parents based on their respective incomes.

Key factors that influence the calculation include:

  • Gross income of both parents (wages, bonuses, commissions, self-employment income, etc.)
  • Number of overnights each parent has with the child
  • Expenses for health insurance, childcare, and extraordinary medical needs
  • Other children supported by either parent

The Colorado Child Support Guidelines provide a formula that judges, lawyers, and parents use to determine the monthly payment.

Duration of Child Support

Child support in Colorado typically continues until a child turns 19. However, there are exceptions:

  • If the child is still in high school, support may extend until graduation (but not beyond age 21).
  • Support may also extend if the child has certain physical or mental disabilities.

Modifying Child Support Orders

Life circumstances can change, and Colorado law recognizes this. Either parent can request a modification of child support if there has been a substantial and continuing change in circumstances, such as:

  • A significant change in income (job loss, promotion, or new employment)
  • A change in parenting time or custody arrangements
  • Increased medical or childcare costs

Generally, the change must result in at least a 10% difference in the monthly payment for a modification to be considered.

Enforcement of Child Support

If a parent fails to meet their child support obligations, the state has several enforcement mechanisms, including:

  • Wage garnishment
  • Tax refund interception
  • Suspension of driver’s licenses or professional licenses
  • Contempt of court actions

The Colorado Child Support Services (CSS) program can assist with enforcement, but working with an attorney can provide more personalized guidance and stronger advocacy in court.

Conclusion: Getting the Help You Need

Child support is about ensuring that children have the resources they need to grow and succeed. For parents, understanding the rules can feel overwhelming—especially when circumstances change or disputes arise.

At Divorce Matters, our experienced family law attorneys help parents navigate every aspect of child support, from initial calculations to modifications and enforcement. If you have questions or need representation, we’re here to protect your rights and ensure your child’s best interests are put first. Call us now and book an appointment!

Marital Property Colorado Springs

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Division of Marital Property in Colorado Springs: Is Colorado a Marital Property State?

An important part of the divorce process in Colorado Springs is figuring out how to divide the marital property. Firstly, you must know the answer to the question, “Is Colorado a marital property state?” The answer is yes. Then, you must understand that the marital property procedure generally involves two steps. First, it must be determined what the marital property is. Second, the marital property must be divided equitably. But there are special considerations when it comes to removing marital property before divorce. Let’s look at each of those steps more closely:

What is Marital Property?

State law, specifically Colo. Rev. Stat. § 14-10-113(2), defines “marital property” as “all property acquired by either spouse subsequent to the marriage.” So, is Colorado a marital property state? Yes, Colorado follows the principle of equitable distribution, meaning that marital property is divided fairly, though not always equally, in a divorce. Anything that isn’t marital property is considered “separate property” and will not be divided in a divorce case.

Separate property is generally defined as being anything acquired by either spouse prior to getting married. It also includes certain types of property acquired during the marriage that is statutorily excluded from the marital property definition, such as property:

  • Acquired by gift, bequest, devise, or descent
  • Acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent
  • Acquired by a spouse after a decree of legal separation
  • Excluded by valid agreement of the parties (e.g., by a prenuptial agreement)

The division of assets in a divorce case is almost always harder and more emotionally taxing than it initially might seem. This is especially true for high-net-worth couples and couples who either jointly own a business or have complex business interests that are difficult to quantify monetarily. Unfortunately, it is also not uncommon for a spouse in a contentious divorce to either hide or undervalue assets, which can necessitate drawn-out litigation. If you’re wondering, “Is Colorado a marital property state?”, it’s important to understand how the law applies to your unique circumstances and seek legal guidance to ensure your rights are protected.

Equitable Division

Once the marital property has been identified and valued, it is then subject to equitable division by the courts – that is, if the couple hasn’t already divided it between themselves through mutual agreement via mediation. The word “equitably” in the context of divorce property division means that marital property must be divided fairly, but not necessarily 50-50.

Removing marital property before divorce is prohibited. By statute, a judge that is presiding over the dissolution of a marriage case in Colorado is required to consider a variety of factors in making sure that the marital property is divided in this way. Those factors – also from Colo. Rev. Stat. § 14-10-113 – are the contribution of each spouse during the marriage; the value of the property set apart to each spouse; the economic circumstances of each spouse at the time the marriage terminates; and any increases or decreases in the value of the separate property of either spouse during the marriage.

Marital Debt

Is Colorado a marital property state when it comes to debt? Yes – it definitely warrants mentioning here that any debt acquired during a marriage in Colorado Springs becomes part of the equitable division equation during a divorce. In other words, a divorce court is empowered to allocate debt in a way that’s fair under the circumstances. A common misconception is that debt acquired in only one spouse’s name during the marriage is automatically classified as separate property and thus not subject to division. That isn’t necessarily true, and in fact, most debts acquired by either spouse during a marriage will be deemed marital property and divided accordingly.

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Not All Marital Property Is Created Equal

Complicating the process is the fact that all assets are not worth what they appear to be worth.

What if the marital property of a couple equals $800,000 and consists of:

  • Family home with $200,000 in equity,
  • Ski-condo with $200,000 in equity,
  • 401K with a current market value of $200,000, and
  • Savings account with $200,000.

Which would you take and why? The answer to that question depends on a number of factors.

  • Do you have a steady income to pay your bills?
  • Do you need the money to live on immediately?
  • Can you afford to maintain the family home? If so, what if there are unexpected costs associated with maintaining the family home?
  • If you sell the family home, will there be any capital gain taxes to pay? If so, what will they be?
  • Can you sell the family home?
  • If you sell the home, can you qualify for a mortgage on your own?
  • What if you try to sell the home and find out it needs a new roof and $30,000 in repairs?
  • If you sell the ski condo, will there be any capital gains to pay, and if so, how much? If you do not sell the ski condo, will you be able to rent it out and cover the costs to maintain it?
  • If you take the 401K and need the money to live on, will there be an early withdrawal penalty? Will you have to pay income tax on the amount withdrawn? If so, how much is the penalty, and what is the tax bill? Many people fail to realize until it is too late, that if they cash out their 401K, it might only be worth ½ of its market value after penalties and taxes are paid.

Personal Business Interests

If either you or your spouse owns a business, it can get even more complicated. When a business is involved, the parties usually need to hire an expert to determine the value of the business. Then, once the value of the business is determined, it can get even more difficult to determine how to divide the business.

Determine What Each Asset Is Worth Based on Your Circumstances

Is Colorado a marital property state when it comes to joint gifts? If you and your spouse received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Separate Property

Determining what is separate property can be somewhat complicated, but most commonly it is any property owned before the marriage. It can also include certain types of property acquired during the marriage such as gifts and inheritance. For instance, a house you owned before the marriage is your separate property, but so is the money you inherited after you were married. This is because both inheritance and gifts to you are separate property. However, separate property can be converted to marital property, and in addition to that, it is your responsibility to prove that money or assets that you own are separate property. You will need to provide documentation of how you acquired the asset or money, and if you cannot the Court will consider it marital. Furthermore, if you combine the separate property with marital property, it can be construed as a gift to the marriage – therefore making the argument of removing marital property before divorce statute applicable. This is a common debate amongst parties when someone asserts that an asset is a separate property.

What Are Your Options with Property Before and After A Petition For Dissolution Is Filed?

Once someone files for divorce and serves the other party, a temporary injunction is put in place, and both parties have an obligation to preserve the marital estate, among other obligations. This means removing marital property before divorce is prohibited and you cannot start recklessly spending money in a manner different from the way you did before filing. You also cannot dispose of marital assets without the approval of the judge. Essentially, you should continue living as you did before, and any large or unusual purchases should be put on hold until you’re officially divorced. If there is an immediate need for something out of the ordinary, your attorney can guide you on the best course of action and perhaps negotiate a course of action with the opposing party.

What is not so obvious is what you can do before the divorce papers are served. Although it might seem like everything is fair game before someone is served with paperwork, that is not the case. In reality, if someone takes an action that only benefits them because they know or suspect that a divorce is coming the judge can account for that when dividing up the property. It is never advisable to dissipate marital assets in anticipation of a divorce.

Contact Divorce Matters® Today

The team at Divorce Matters® has helped thousands of clients and counting navigate the Colorado divorce process – like avoiding the prohibited act of removing marital property before divorce – and get a fresh start in life. We are compassionate and experienced advocates who focus exclusively on family legal matters, including but not limited to equitable divorce property division, spousal maintenance (alimony), child custody and support, prenuptial agreements, collaborative divorce, appeals, and more. To schedule a consultation, either call Divorce Matters® at 720-542-6142 or complete this convenient online form.

Gifts & Inheritance

In a dissolution of marriage, there are two different categories of property: marital and nonmarital (also referred to as separate property). In general, property that one spouse acquires by gift (or bequest, devise, or descent), is considered nonmarital property, regardless of whether it was acquired prior to or during the marriage. This means that gifts, ordinarily, are not taken into consideration for purposes of an equitable division of property, as the court can only divide marital property. Colorado law views inheritances as gifts.

However, gifts can lose their nonmarital status and become marital property. This may occur through commingling, change of title, or subsequent gifting. Commingling occurs when separate property becomes mixed with marital property, such that the separate property is so intertwined with the marital property that one can no longer discern its separate character. For example, if you receive a $25,000 cash gift from your parents (either before or during the marriage), but you then deposit or transfer that $25,000 into your joint bank account titled in both you and your spouse’s name that currently has $5,000. Then, through the years of marriage, both you and your spouse continuously deposit and withdraw money from the joint account. Eventually, unless you have kept an extremely detailed accounting, it will be impossible to tell what money was from your nonmarital gift. When commingling occurs, the other spouse has the ability to assert that all of the funds within this joint account, even though initially comprised mostly of nonmarital funds, are marital and subject to equitable distribution at divorce.

Conversely, when it comes to gifts from one spouse to the other, there exists a presumption that such gifts are marital property. The presumption does not apply, however, to “gifts of nonbusiness tangible personal property.” § 14-10-113(7)(a), C.R.S. Types of these gifts include furs, rings (including the engagement ring), artwork, and other tangible personal property gifts. For gifts under this category, the property is considered the nonmarital property of the recipient spouse (the spouse that received the gift from the other spouse). Additionally, when the presumption applies, i.e., when the property at issue is not a gift of “nonbusiness tangible personal property,” the presumption can only be overcome by “clear and convincing evidence;” otherwise, it is marital property.

What about joint gifts? If your spouse and you received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Child Support and Gifts

While Colorado law regarding gifts and inheritances for division of property can be relatively straightforward, it can be much more complex for determining a spouse’s income for purposes of child support. In fact, the court is not required to consider gifts for purposes of determining a spouse’s income for child support purposes, unless the gift is regularly received from a dependable source. In re Marriage of Nimmo, 891 P.2d 1002 (Colo. 1995). Future gifts, in order to be considered as income, cannot be speculative whatsoever.

If, however, you or your spouse is to receive a one-time gift in the future, such as an inheritance or winning the lottery, the court may include the gift in the calculation of income for the year in which the gift will be received. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). The court also has a few options in deciding how to apply this type of gift, particularly regarding interest accrued from the gift, in years subsequent to the one-time payment. See In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000) (holding that the imputation of investment income is not automatic and only applies if a spouse invests a portion of the funds, in which case income from interest could be used as the spouse’s income); In re Marriage of Laughlin, 932 P.2d 858 (Colo. App. 1997) (holding that gross income for child support purposes can include the amount of income an asset could “reasonably” be expected to generate, even if that asset had been consumed prior to the determination of child support); In re Marriage of Bregar, 952 P.2d 783 (Colo. App. 1997) (holding that if income is imputed as a result of a large, one-time payment, the net amount received, after payment of taxes, should be used).

While perhaps not the most common example (even though we all may wish it were), lottery winnings are helpful in explaining the complexity further. “Monetary gifts,” in general, are included within the definition of “gross income” for purposes of child support. There is a narrow exclusion for lottery winnings, but the vast majority of the lottery winnings will be considered in calculating a spouse’s income. Where lottery winnings are paid out in equal periodic installments (such as monthly), the appropriate manner for including them as income will typically be the same, i.e., monthly. In re Marriage of McCord, 910 P.2d 85 (Colo. App. 1995). But, when lottery winnings are to be paid in a lump sum, a Colorado court has indicated that child support may be calculated by including the entire winnings in the spouse’s income for the year in which the lump sum was received, without deduction for tax withholding. In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000). A court then has the aforementioned variety of options in how to assess the spouse’s future income.

Dealing with inheritances can be a bit trickier. The definition of income in section 14-10-115(5)(a)(1), C.R.S., does not include “inheritance,” but the statute specifically includes “monetary gifts” as income, and the Colorado Supreme Court has concluded that monetary inheritances fall within this definition. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). “Monetary” inheritances include cash or “[a]ssets that can be easily converted to cash,” such as money markets, mutual funds, stocks, and bonds. If an inheritance is “monetary,” then, before the court can include the inheritance as income, it must examine the recipient spouse’s use of the money. If the recipient spouse uses the principal as a source of income to meet existing living expenses or to increase their standard of living, the expended principal should be included as gross income. On the other hand, if the spouse saves or invests the monetary inheritance, such reserved principal is not included in gross income, but the interest generated by the principal is considered income.

While gifts can be relatively straightforward for purposes of division of property, it is not overly difficult to convert something from what was once nonmarital property to marital property. More importantly, gifts can be quite complicated when it comes to determining a spouse’s income.

FAQ

Will all possessions be divided equally during a divorce?

Colorado Is an “equitable distribution” state. The court defines “equitable” as “that which is fair, but not necessarily equal.” Thus, marital assets in Colorado are not necessarily divided evenly in a 50/50 ratio. Additionally, only marital assets will be divided, separate assets will be kept separate.

Am I responsible for my spouse’s debt?

You and your spouse are both responsible for any debt incurred during the course of your marriage, regardless of whose name the debt is in. However, it is possible to negotiate how debt is handled during the divorce process. Contact our law firm for more information.

Will divorce affect my Social Security benefits?

Divorce can affect the amount of Social Security benefits you receive during retirement. Generally, if the marriage lasted for more than 10 years, spouses may be entitled to receive their ex-spouse’s Social Security benefits. This is a complex area of the law, so contact our law firm to set up a review of your unique situation.

What is a QDRO in divorce?

A Qualified Domestic Relations Order (QDRO) is a detailed order used for dividing up a retirement plan during a divorce. Retirement plans that were either obtained during the marriage, or have increased in value during the marriage, are generally considered marital property and can be subject to a QDRO. QDRO’s are specifically needed when splitting up a 401K plan or most pensions (defined benefit plan). However, they are not generally needed for dividing up IRA’s or Roth IRA’s.

Related Articles and Videos

Playlist

1 Videos

Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Removing Marital Property Before Divorce – Fort Collins

Is Colorado a Marital Property State? Learn More from Divorce Matters® in Fort Collins.

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Division of Marital Property in Fort Collins: Is Colorado a Marital Property State?

An important part of the divorce process in Fort Collins is figuring out how to divide the marital property. Firstly, you must know the answer to the question, “Is Colorado a marital property state?” The answer is yes. Then, you must understand that the marital property procedure generally involves two steps. First, it must be determined what the marital property is. Second, the marital property must be divided equitably. But there are special considerations when it comes to removing marital property before divorce. Let’s look at each of those steps more closely:

What is Marital Property?

State law, specifically Colo. Rev. Stat. § 14-10-113(2), defines “marital property” as “all property acquired by either spouse subsequent to the marriage.” So, is Colorado a marital property state? Yes, Colorado follows the principle of equitable distribution, meaning that marital property is divided fairly, though not always equally, in a divorce. Anything that isn’t marital property is considered “separate property” and will not be divided in a divorce case.

Separate property is generally defined as being anything acquired by either spouse prior to getting married. It also includes certain types of property acquired during the marriage that is statutorily excluded from the marital property definition, such as property:

  • Acquired by gift, bequest, devise, or descent
  • Acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent
  • Acquired by a spouse after a decree of legal separation
  • Excluded by valid agreement of the parties (e.g., by a prenuptial agreement)

The division of assets in a divorce case is almost always harder and more emotionally taxing than it initially might seem. This is especially true for high-net-worth couples and couples who either jointly own a business or have complex business interests that are difficult to quantify monetarily. Unfortunately, it is also not uncommon for a spouse in a contentious divorce to either hide or undervalue assets, which can necessitate drawn-out litigation. If you’re wondering, “Is Colorado a marital property state?”, it’s important to understand how the law applies to your unique circumstances and seek legal guidance to ensure your rights are protected.

Equitable Division

Once the marital property has been identified and valued, it is then subject to equitable division by the courts – that is, if the couple hasn’t already divided it between themselves through mutual agreement via mediation. The word “equitably” in the context of divorce property division means that marital property must be divided fairly, but not necessarily 50-50.

Removing marital property before divorce is prohibited. By statute, a judge who is presiding over the dissolution of a marriage case in Fort Collins, Colorado, is required to consider a variety of factors in making sure that the marital property is divided in this way. Those factors – also from Colo. Rev. Stat. § 14-10-113 – are the contribution of each spouse during the marriage; the value of the property set apart to each spouse; the economic circumstances of each spouse at the time the marriage terminates; and any increases or decreases in the value of the separate property of either spouse during the marriage.

Marital Debt

Is Colorado a marital property state when it comes to debt? Yes – it definitely warrants mentioning here that any debt acquired during a marriage in Colorado becomes part of the equitable division equation during a divorce. In other words, a divorce court is empowered to allocate debt in a way that’s fair under the circumstances. A common misconception is that debt acquired in only one spouse’s name during the marriage is automatically classified as separate property and thus not subject to division. That isn’t necessarily true, and in fact, most debts acquired by either spouse during a marriage will be deemed marital property and divided accordingly.

Searching for the Best Divorce Lawyer in Fort Collins?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Not All Marital Property Is Created Equal

Complicating the process is the fact that all assets are not worth what they appear to be worth.

What if the marital property of a couple equals $800,000 and consists of:

  • Family home with $200,000 in equity,
  • Ski-condo with $200,000 in equity,
  • 401K with a current market value of $200,000, and
  • Savings account with $200,000.

Which would you take and why? The answer to that question depends on a number of factors.

  • Do you have a steady income to pay your bills?
  • Do you need the money to live on immediately?
  • Can you afford to maintain the family home? If so, what if there are unexpected costs associated with maintaining the family home?
  • If you sell the family home, will there be any capital gain taxes to pay? If so, what will they be?
  • Can you sell the family home?
  • If you sell the home, can you qualify for a mortgage on your own?
  • What if you try to sell the home and find out it needs a new roof and $30,000 in repairs?
  • If you sell the ski condo, will there be any capital gains to pay, and if so, how much? If you do not sell the ski condo, will you be able to rent it out and cover the costs to maintain it?
  • If you take the 401K and need the money to live on, will there be an early withdrawal penalty? Will you have to pay income tax on the amount withdrawn? If so, how much is the penalty, and what is the tax bill? Many people fail to realize until it is too late, that if they cash out their 401K, it might only be worth ½ of its market value after penalties and taxes are paid.

Personal Business Interests

If either you or your spouse owns a business, it can get even more complicated. When a business is involved, the parties usually need to hire an expert to determine the value of the business. Then, once the value of the business is determined, it can get even more difficult to determine how to divide the business.

Determine What Each Asset Is Worth Based on Your Circumstances

Is Colorado a marital property state when it comes to joint gifts? If you and your spouse received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Separate Property

Determining what is separate property can be somewhat complicated, but most commonly it is any property owned before the marriage. It can also include certain types of property acquired during the marriage such as gifts and inheritance. For instance, a house you owned before the marriage is your separate property, but so is the money you inherited after you were married. This is because both inheritance and gifts to you are separate property. However, separate property can be converted to marital property, and in addition to that, it is your responsibility to prove that money or assets that you own are separate property. You will need to provide documentation of how you acquired the asset or money, and if you cannot the Court will consider it marital. Furthermore, if you combine the separate property with marital property, it can be construed as a gift to the marriage – therefore making the argument of removing marital property before divorce statute applicable. This is a common debate amongst parties when someone asserts that an asset is a separate property.

What Are Your Options with Property Before and After A Petition For Dissolution Is Filed?

Once someone files for divorce and serves the other party, a temporary injunction is put in place, and both parties have an obligation to preserve the marital estate, among other obligations. This means removing marital property before divorce is prohibited and you cannot start recklessly spending money in a manner different from the way you did before filing. You also cannot dispose of marital assets without the approval of the judge. Essentially, you should continue living as you did before, and any large or unusual purchases should be put on hold until you’re officially divorced. If there is an immediate need for something out of the ordinary, your attorney can guide you on the best course of action and perhaps negotiate a course of action with the opposing party.

What is not so obvious is what you can do before the divorce papers are served. Although it might seem like everything is fair game before someone is served with paperwork, that is not the case. In reality, if someone takes an action that only benefits them because they know or suspect that a divorce is coming the judge can account for that when dividing up the property. It is never advisable to dissipate marital assets in anticipation of a divorce.

Contact Divorce Matters® in Fort Collins Today

The team at Divorce Matters® in Fort Collins has helped thousands of clients and counting navigate the Colorado divorce process – like avoiding the prohibited act of removing marital property before divorce – and get a fresh start in life. We are compassionate and experienced advocates who focus exclusively on family legal matters, including but not limited to equitable divorce property division, spousal maintenance (alimony), child custody and support, prenuptial agreements, collaborative divorce, appeals, and more. To schedule a consultation, either call Divorce Matters® at 720-542-6142 or complete this convenient online form.

Gifts & Inheritance

In a dissolution of marriage, there are two different categories of property: marital and nonmarital (also referred to as separate property). In general, property that one spouse acquires by gift (or bequest, devise, or descent), is considered nonmarital property, regardless of whether it was acquired prior to or during the marriage. This means that gifts, ordinarily, are not taken into consideration for purposes of an equitable division of property, as the court can only divide marital property. Colorado law views inheritances as gifts.

However, gifts can lose their nonmarital status and become marital property. This may occur through commingling, change of title, or subsequent gifting. Commingling occurs when separate property becomes mixed with marital property, such that the separate property is so intertwined with the marital property that one can no longer discern its separate character. For example, if you receive a $25,000 cash gift from your parents (either before or during the marriage), but you then deposit or transfer that $25,000 into your joint bank account titled in both you and your spouse’s name that currently has $5,000. Then, through the years of marriage, both you and your spouse continuously deposit and withdraw money from the joint account. Eventually, unless you have kept an extremely detailed accounting, it will be impossible to tell what money was from your nonmarital gift. When commingling occurs, the other spouse has the ability to assert that all of the funds within this joint account, even though initially comprised mostly of nonmarital funds, are marital and subject to equitable distribution at divorce.

Conversely, when it comes to gifts from one spouse to the other, there exists a presumption that such gifts are marital property. The presumption does not apply, however, to “gifts of nonbusiness tangible personal property.” § 14-10-113(7)(a), C.R.S. Types of these gifts include furs, rings (including the engagement ring), artwork, and other tangible personal property gifts. For gifts under this category, the property is considered the nonmarital property of the recipient spouse (the spouse that received the gift from the other spouse). Additionally, when the presumption applies, i.e., when the property at issue is not a gift of “nonbusiness tangible personal property,” the presumption can only be overcome by “clear and convincing evidence;” otherwise, it is marital property.

What about joint gifts? If your spouse and you received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Child Support and Gifts

While Colorado law regarding gifts and inheritances for division of property can be relatively straightforward, it can be much more complex for determining a spouse’s income for purposes of child support. In fact, the court is not required to consider gifts for purposes of determining a spouse’s income for child support purposes, unless the gift is regularly received from a dependable source. In re Marriage of Nimmo, 891 P.2d 1002 (Colo. 1995). Future gifts, in order to be considered as income, cannot be speculative whatsoever.

If, however, you or your spouse is to receive a one-time gift in the future, such as an inheritance or winning the lottery, the court may include the gift in the calculation of income for the year in which the gift will be received. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). The court also has a few options in deciding how to apply this type of gift, particularly regarding interest accrued from the gift, in years subsequent to the one-time payment. See In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000) (holding that the imputation of investment income is not automatic and only applies if a spouse invests a portion of the funds, in which case income from interest could be used as the spouse’s income); In re Marriage of Laughlin, 932 P.2d 858 (Colo. App. 1997) (holding that gross income for child support purposes can include the amount of income an asset could “reasonably” be expected to generate, even if that asset had been consumed prior to the determination of child support); In re Marriage of Bregar, 952 P.2d 783 (Colo. App. 1997) (holding that if income is imputed as a result of a large, one-time payment, the net amount received, after payment of taxes, should be used).

While perhaps not the most common example (even though we all may wish it were), lottery winnings are helpful in explaining the complexity further. “Monetary gifts,” in general, are included within the definition of “gross income” for purposes of child support. There is a narrow exclusion for lottery winnings, but the vast majority of the lottery winnings will be considered in calculating a spouse’s income. Where lottery winnings are paid out in equal periodic installments (such as monthly), the appropriate manner for including them as income will typically be the same, i.e., monthly. In re Marriage of McCord, 910 P.2d 85 (Colo. App. 1995). But, when lottery winnings are to be paid in a lump sum, a Colorado court has indicated that child support may be calculated by including the entire winnings in the spouse’s income for the year in which the lump sum was received, without deduction for tax withholding. In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000). A court then has the aforementioned variety of options in how to assess the spouse’s future income.

Dealing with inheritances can be a bit trickier. The definition of income in section 14-10-115(5)(a)(1), C.R.S., does not include “inheritance,” but the statute specifically includes “monetary gifts” as income, and the Colorado Supreme Court has concluded that monetary inheritances fall within this definition. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). “Monetary” inheritances include cash or “[a]ssets that can be easily converted to cash,” such as money markets, mutual funds, stocks, and bonds. If an inheritance is “monetary,” then, before the court can include the inheritance as income, it must examine the recipient spouse’s use of the money. If the recipient spouse uses the principal as a source of income to meet existing living expenses or to increase their standard of living, the expended principal should be included as gross income. On the other hand, if the spouse saves or invests the monetary inheritance, such reserved principal is not included in gross income, but the interest generated by the principal is considered income.

While gifts can be relatively straightforward for purposes of division of property, it is not overly difficult to convert something from what was once nonmarital property to marital property. More importantly, gifts can be quite complicated when it comes to determining a spouse’s income.

FAQ

Will all possessions be divided equally during a divorce?

Colorado Is an “equitable distribution” state. The court defines “equitable” as “that which is fair, but not necessarily equal.” Thus, marital assets in Colorado are not necessarily divided evenly in a 50/50 ratio. Additionally, only marital assets will be divided, separate assets will be kept separate.

Am I responsible for my spouse’s debt?

You and your spouse are both responsible for any debt incurred during the course of your marriage, regardless of whose name the debt is in. However, it is possible to negotiate how debt is handled during the divorce process. Contact our law firm for more information.

Will divorce affect my Social Security benefits?

Divorce can affect the amount of Social Security benefits you receive during retirement. Generally, if the marriage lasted for more than 10 years, spouses may be entitled to receive their ex-spouse’s Social Security benefits. This is a complex area of the law, so contact our law firm to set up a review of your unique situation.

What is a QDRO in divorce?

A Qualified Domestic Relations Order (QDRO) is a detailed order used for dividing up a retirement plan during a divorce. Retirement plans that were either obtained during the marriage, or have increased in value during the marriage, are generally considered marital property and can be subject to a QDRO. QDRO’s are specifically needed when splitting up a 401K plan or most pensions (defined benefit plan). However, they are not generally needed for dividing up IRA’s or Roth IRA’s.

Related Articles and Videos

Playlist

1 Videos

Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Colorado Domestic Violence Laws

Contact the Domestic Violence Colorado Lawyers at Divorce Matters®

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Overview

Understanding Domestic Violence Colorado Laws

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status.

The sad reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year. Unfortunately, situations like these occur in our state as well, and so it is important that if you find yourself in this situation, you contact a domestic violence Colorado attorney who can help you with your case.

Most domestic violence incidences occur between people that have an ongoing familial or intimate relationship. Most cases of domestic violence have never been reported to police and occur behind closed doors, out of the public eye. Probably the most important statistical predictive indicator of domestic violence is exposure to domestic violence as a child. An estimated 3.3 million children witness violence against their mother or female caretaker by a family member each year. Boys who witness domestic violence are twice as likely to abuse their own partners and children when they become adults.

Temporary Restraining Orders

Protective orders, commonly referred to as restraining orders, impose legal consequences upon alleged abusers if they contact their victim. Civil protection orders in Colorado seek to protect the person pursuing the order from threats or abuse, including domestic violence. A restraining order prohibits an alleged abuser from contacting, harassing, stalking, threatening, or intimidating a victim. There are several types of protective and restraining orders in the state of Colorado aimed at protecting victims of domestic abuse and violence.

When it comes to domestic violence, Colorado law states that a temporary restraining order does not require definitive evidence of domestic violence. Temporary restraining orders are designed to protect victims of domestic violence until they can get a hearing in front of a judge to make their case as to why the temporary order should become a permanent order. The process of obtaining a temporary restraining order involves filling out and filing a Verified Complaint listing relevant information such as:

  • Reason(s) for seeking the restraining order;
  • Where the protected persons reside and work;
  • An affidavit regarding children, if the parties have minor children;
  • The most recent incident that occurred resulting in the request for a restraining order;
  • The most serious incident that cause the request for the protective order;
  • Any past incidents of violence and/or threats; and
  • Whether there are any other protective orders in place regarding the same parties.

Once a party files a Verified Complaint, the party seeking protection must then appear, usually the same day, in court. The party seeking protection must present the facts and allegations of their case to a judge who will decide whether to grant a temporary protection order, which will restrain the alleged offender from contacting the party seeking protection. This hearing is generally held ex parte, meaning the party against whom the protection order is being sought is not present. A magistrate or judge will likely ask a few, limited questions about whether the protected party is in immediate fear for their safety. When a magistrate or judge finds an immediate danger exists and a temporary restraining order is needed to: prevent assaults, threatened bodily harm, domestic abuse, emotional abuse of the elderly or an at-risk adult, sexual assault or abuse, and/or stalking, then a temporary restraining order will be entered.

Once a court enters a temporary restraining order, it will then immediately set another hearing date for the parties to appear in court to present their evidence. At this second hearing, the court will decide if there is sufficient evidence to make the temporary order permanent. A temporary restraining order is not enforceable until the protected party has the accused abuser (restrained party) personally served with the order.

Permanent Restraining Order

Whenever a judge or magistrate issues a temporary restraining order, under Colorado law to protect from further domestic violence, Colorado judges will also schedule a permanent restraining order hearing. These hearings typically occur within 14 days of a temporary restraining order being issued and are meant to provide the accused perpetrator of domestic violence an opportunity to argue against having the restraining order made permanent.

At the permanent restraining order hearing the party seeking to have a restraining order imposed has the burden of proof which means they must show by a preponderance of the evidence (more likely than not) that they are in imminent danger of further abuse or threats by the accused if the protection order is not made permanent. Therefore, it is important that the protected person is prepared for this hearing with exhibits and any possible witnesses.

If a judge or magistrate determines sufficient evidence exists, a permanent restraining order will be issued restraining the offending party from engaging in the offensive conduct. If sufficient evidence does not exist, the temporary restraining order will be allowed to expire or dismissed, and no permanent restraining order will be issued.

Where a restraining order is made permanent, the restrained party may not seek a modification of the protection order for two years. However, the individual who requested the protection order (the protected party) may seek a modification or dismissal at any time.

Due to the inherent safety concerns for the person seeking the protection order, and the long-term legal implications tied to having a permanent restraining order entered against the accused, it is advisable for both the accused and the accuser to obtain qualified attorney representation and advice regarding Colorado domestic violence laws.

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Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Consequences of a Permanent Restraining Order

Firearms: If a person has a permanent restraining order against them that is related to domestic violence, that person will not be able to own, possess, or control a firearm, gun or rifle;

Employment: Employers often run background checks on new hires and employees. Permanent restraining orders will show up on a standard background check and may impact a person’s employability;

Child Custody: Permanent restraining orders may create issues with child custody in a pending divorce or current child visitation or parenting plan;

Housing: A restrained party is not allowed to reside in the same home as the protected party and will need to find other accommodations. Furthermore, landlords may elect to not allow a person to rent a property if they do not pass a background check.

Taking Revenge on Exes By Using Indecent Photographs

Did your ex-lover, friend, or spouse post explicit photos of you on the Internet? If you have been victimized by a former lover or friend who has used your “private” photos and videos against you for profit or revenge, you may have options. Domestic violence laws have been updated to accommodate this type of abuse, so you can have the ability to pursue a civil case, as well as a criminal case, against the perpetrator. In 2014, Colorado passed two statutes making that type of “revenge” a crime: C.R.S. § 18-7-107, which governs the posting of private images for harassment, and C.R.S. § 18-7-108, which prohibits and criminalizes posting private images on the Internet for financial gain. At least one person has already been prosecuted under this law.

Your body, your person, and your dignity deserve respect under law, and thankfully Colorado domestic violence laws have been enacted to prevent this type of abuse and mental harm from continuing to happen to people, just like yourself, who believed they were engaging in an activity with someone trustworthy. Our right to privacy is important and each of us has reasonable expectations regarding that privacy when we are engaged in a consensual relationship with someone. The breaking of that trust can be heartbreaking and cause damage to not only one’s psyche, but in many other ways.

A domestic violence Colorado attorney specializing in privacy or criminal law can be of help to you at this time by helping you to make a sound legal argument that associates all of the required elements needed to establish that a criminal or civil harm was done to you. In order to create your complaint, your attorney must seek to establish that the images posted fall under the categories listed in the statutes, that you are identifiable, the intent, and your lack of consent. As these necessary elements are pulled together, a case emerges.

There is a reasonable expectation of privacy under law that Colorado’s legal system now supports and defends. If your privacy and consent has been ignored and abused you have been victimized, but you do not have to remain a victim. You can fight back.

Divorce can be an extremely emotional, turbulent time for many people. Reactions to the stress of divorce may differ, but most people experience the feelings of anger (even rage), frustration, anxiety, depression, and loss. If your spouse is quick to ignite, be particularly cautious during this period of time and pay close attention to the warning signs that can lead to domestic violence.

Domestic violence is usually a male vs. female encounter, but certainly women can also be the perpetrators. The key to stopping it is recognizing the escalation and acting before you become a victim. This can be easier said than done, but heightened vigilance and common-sense measures, such as avoiding possibly inflammatory situations, can make a big difference. If you are threatened or attacked, immediately contact the local authorities and consider securing your safety in a safe house designed to help victims of such violence.

Order of Protection

If your spouse becomes violent, or threatens violence, toward you or your children, you can obtain a restraining order to keep him or her away. Such an order called an Order of Protection, prevents your spouse from contacting you, as well as any other person protected by the order. This type of restraining order is appropriate whenever an act or threat of violence occurs against you or a family member. In this instance, the term “family member” is broadly interpreted to include not only yourself, but also a relative, a previous spouse, someone with whom you presently live or have lived in the past, or even someone with whom you are currently (or were in the past) romantically involved.

The victim, as well as anyone else protected under the order, is instructed to keep the restraining order with him or her at all times. If the defendant violates the order, he or she has committed a criminal act and will be arrested. It is important, however, to realize that even with the restraining order in effect, the victim should take every possible safety precaution.

What does a domestic violence Colorado restraining order actually do? It requires that the defendant stay away from, and have no contact whatsoever with, the victim or anyone else listed on the order. It’s important for a defendant to be aware, however, that he or she could be arrested for violating the restraining order even if the victim initiated the contact between them.

Steps to Take During A Divorce

It’s a good idea to keep a diary of the exact dates and a description of any incidents of domestic violence that occur during this period of time. Also keep track of any stalking (including cyber stalking) and other forms of harassment, plus threats of violence. Be sure to write down any examples of the defendant’s alcohol or drug abuse and his or her violent behavior or threats of violence against anyone else. In addition, be careful to save your email correspondence (or any other written exchanges) with the defendant.

Child Custody Issues

If there is evidence of domestic violence, Colorado courts are – for obvious reasons – reluctant to award custody or joint custody to a defendant. If the court finds that a person is a perpetrator of an act of domestic violence, that person must be able to establish, and the judge must be satisfied, that the proposed defendant’s parenting time will not endanger the child in any way. When and if the parent can meet this burden of proof, the court will allow the defendant to have contact with the child and possibly joint custody, depending upon the circumstances. Of course, appropriate conditions designed to protect both the child and the other parent from harm will be placed on the parenting time that is granted.

If you have a custody matter that involves domestic violence, Colorado attorneys at Divorce Matters® are here to help. Getting an attorney on board sooner, rather than later, can make a big difference.

Divorce Matters® represents clients throughout Metro Denver and the Front Range including: Arapahoe County, Aurora, Boulder, Bow Mar, Castle Pines, Castle Rock, Centennial, Douglas County, Englewood, Cherry Hills Village, Denver, Greenwood Village, Jefferson County, Highlands Ranch, Littleton, Lone Tree, Louisville, and Parker.

You can call Divorce Matters® today at (720) 542-6142 to schedule an appointment with one of our attorneys.

FAQ

How can I get a restraining order?

A restraining order can be obtained by filling out an official complaint form, including any other required forms, and filing it with the clerk of the court. At Divorce Matters®, we can handle this process for you. A judge will review the request the same day it is filed and make a decision. If the judge approves it, he will issue a temporary restraining order

Can my restraining order also be applied to my kids?

Courts may act to protect children from being exposed to domestic violence between spouses through a “care and control” provision, where temporary custody can potentially be awarded to the parent seeking the temporary protection order. These provisions only run for 120 days. If you want to get a permanent protection order for your children, the only way to do so is if the children have been the direct victims of abuse or violence.

What are the grounds for getting a restraining order?

According to Colorado law, a restraining order can be issued to prevent assaults, threatened bodily harm, domestic abuse, emotional abuse, and stalking. You must prove “imminent danger” for temporary restraining orders to be issued. There are specific legal definitions for each of these terms, so it is best to consult with a family law attorney to determine if you have grounds for getting a restraining order from your spouse.

Related Articles and Videos

Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Removing Marital Property Before Divorce

Is Colorado a Marital Property State? Learn More from Divorce Matters® in Denver.

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Division of Marital Property in Denver: Is Colorado a Marital Property State?

An important part of the divorce process in Denver is figuring out how to divide the marital property. Firstly, you must know the answer to the question, “Is Colorado a marital property state?” The answer is yes. Then, you must understand that the marital property procedure generally involves two steps. First, it must be determined what the marital property is. Second, the marital property must be divided equitably. But there are special considerations when it comes to removing marital property before divorce. Let’s look at each of those steps more closely:

What is Marital Property?

State law, specifically Colo. Rev. Stat. § 14-10-113(2), defines “marital property” as “all property acquired by either spouse subsequent to the marriage.” So, is Colorado a marital property state? Yes, Denver follows the principle of equitable distribution, meaning that marital property is divided fairly, though not always equally, in a divorce. Anything that isn’t marital property is considered “separate property” and will not be divided in a divorce case.

Separate property is generally defined as being anything acquired by either spouse prior to getting married. It also includes certain types of property acquired during the marriage that is statutorily excluded from the marital property definition, such as property:

  • Acquired by gift, bequest, devise, or descent
  • Acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent
  • Acquired by a spouse after a decree of legal separation
  • Excluded by valid agreement of the parties (e.g., by a prenuptial agreement)

The division of assets in a divorce case is almost always harder and more emotionally taxing than it initially might seem. This is especially true for high-net-worth couples and couples who either jointly own a business or have complex business interests that are difficult to quantify monetarily. Unfortunately, it is also not uncommon for a spouse in a contentious divorce to either hide or undervalue assets, which can necessitate drawn-out litigation. If you’re wondering, “Is Colorado a marital property state?”, it’s important to understand how the law applies to your unique circumstances and seek legal guidance to ensure your rights are protected.

Equitable Division

Once the marital property has been identified and valued, it is then subject to equitable division by the courts – that is, if the couple hasn’t already divided it between themselves through mutual agreement via mediation. The word “equitably” in the context of divorce property division means that marital property must be divided fairly, but not necessarily 50-50.

Removing marital property before divorce is prohibited. By statute, a judge that is presiding over the dissolution of a marriage case in Denver is required to consider a variety of factors in making sure that the marital property is divided in this way. Those factors – also from Colo. Rev. Stat. § 14-10-113 – are the contribution of each spouse during the marriage; the value of the property set apart to each spouse; the economic circumstances of each spouse at the time the marriage terminates; and any increases or decreases in the value of the separate property of either spouse during the marriage.

Marital Debt

Is Colorado a marital property state when it comes to debt? Yes – it definitely warrants mentioning here that any debt acquired during a marriage in Denver becomes part of the equitable division equation during a divorce. In other words, a divorce court is empowered to allocate debt in a way that’s fair under the circumstances. A common misconception is that debt acquired in only one spouse’s name during the marriage is automatically classified as separate property and thus not subject to division. That isn’t necessarily true, and in fact, most debts acquired by either spouse during a marriage will be deemed marital property and divided accordingly.

Searching for the Best Divorce Lawyer in Denver?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Not All Marital Property Is Created Equal

Complicating the process is the fact that all assets are not worth what they appear to be worth.

What if the marital property of a couple equals $800,000 and consists of:

  • Family home with $200,000 in equity,
  • Ski-condo with $200,000 in equity,
  • 401K with a current market value of $200,000, and
  • Savings account with $200,000.

Which would you take and why? The answer to that question depends on a number of factors.

  • Do you have a steady income to pay your bills?
  • Do you need the money to live on immediately?
  • Can you afford to maintain the family home? If so, what if there are unexpected costs associated with maintaining the family home?
  • If you sell the family home, will there be any capital gain taxes to pay? If so, what will they be?
  • Can you sell the family home?
  • If you sell the home, can you qualify for a mortgage on your own?
  • What if you try to sell the home and find out it needs a new roof and $30,000 in repairs?
  • If you sell the ski condo, will there be any capital gains to pay, and if so, how much? If you do not sell the ski condo, will you be able to rent it out and cover the costs to maintain it?
  • If you take the 401K and need the money to live on, will there be an early withdrawal penalty? Will you have to pay income tax on the amount withdrawn? If so, how much is the penalty, and what is the tax bill? Many people fail to realize until it is too late, that if they cash out their 401K, it might only be worth ½ of its market value after penalties and taxes are paid.

Personal Business Interests

If either you or your spouse owns a business, it can get even more complicated. When a business is involved, the parties usually need to hire an expert to determine the value of the business. Then, once the value of the business is determined, it can get even more difficult to determine how to divide the business.

Determine What Each Asset Is Worth Based on Your Circumstances

Is Denver a marital property state when it comes to joint gifts? If you and your spouse received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Separate Property

Determining what is separate property can be somewhat complicated, but most commonly it is any property owned before the marriage. It can also include certain types of property acquired during the marriage such as gifts and inheritance. For instance, a house you owned before the marriage is your separate property, but so is the money you inherited after you were married. This is because both inheritance and gifts to you are separate property. However, separate property can be converted to marital property, and in addition to that, it is your responsibility to prove that money or assets that you own are separate property. You will need to provide documentation of how you acquired the asset or money, and if you cannot the Court will consider it marital. Furthermore, if you combine the separate property with marital property, it can be construed as a gift to the marriage – therefore making the argument of removing marital property before divorce statute applicable. This is a common debate amongst parties when someone asserts that an asset is a separate property.

What Are Your Options with Property Before and After A Petition For Dissolution Is Filed?

Once someone files for divorce and serves the other party, a temporary injunction is put in place, and both parties have an obligation to preserve the marital estate, among other obligations. This means removing marital property before divorce is prohibited and you cannot start recklessly spending money in a manner different from the way you did before filing. You also cannot dispose of marital assets without the approval of the judge. Essentially, you should continue living as you did before, and any large or unusual purchases should be put on hold until you’re officially divorced. If there is an immediate need for something out of the ordinary, your attorney can guide you on the best course of action and perhaps negotiate a course of action with the opposing party.

What is not so obvious is what you can do before the divorce papers are served. Although it might seem like everything is fair game before someone is served with paperwork, that is not the case. In reality, if someone takes an action that only benefits them because they know or suspect that a divorce is coming the judge can account for that when dividing up the property. It is never advisable to dissipate marital assets in anticipation of a divorce.

Contact Divorce Matters® in Denver Today

The team at Divorce Matters® has helped thousands of clients and counting navigate the Denver divorce process – like avoiding the prohibited act of removing marital property before divorce – and get a fresh start in life. We are compassionate and experienced advocates who focus exclusively on family legal matters, including but not limited to equitable divorce property division, spousal maintenance (alimony), child custody and support, prenuptial agreements, collaborative divorce, appeals, and more. To schedule a consultation, either call Divorce Matters® at 720-542-6142 or complete this convenient online form.

Gifts & Inheritance

In a dissolution of marriage, there are two different categories of property: marital and nonmarital (also referred to as separate property). In general, property that one spouse acquires by gift (or bequest, devise, or descent), is considered nonmarital property, regardless of whether it was acquired prior to or during the marriage. This means that gifts, ordinarily, are not taken into consideration for purposes of an equitable division of property, as the court can only divide marital property. Denver law views inheritances as gifts.

However, gifts can lose their nonmarital status and become marital property. This may occur through commingling, change of title, or subsequent gifting. Commingling occurs when separate property becomes mixed with marital property, such that the separate property is so intertwined with the marital property that one can no longer discern its separate character. For example, if you receive a $25,000 cash gift from your parents (either before or during the marriage), but you then deposit or transfer that $25,000 into your joint bank account titled in both you and your spouse’s name that currently has $5,000. Then, through the years of marriage, both you and your spouse continuously deposit and withdraw money from the joint account. Eventually, unless you have kept an extremely detailed accounting, it will be impossible to tell what money was from your nonmarital gift. When commingling occurs, the other spouse has the ability to assert that all of the funds within this joint account, even though initially comprised mostly of nonmarital funds, are marital and subject to equitable distribution at divorce.

Conversely, when it comes to gifts from one spouse to the other, there exists a presumption that such gifts are marital property. The presumption does not apply, however, to “gifts of nonbusiness tangible personal property.” § 14-10-113(7)(a), C.R.S. Types of these gifts include furs, rings (including the engagement ring), artwork, and other tangible personal property gifts. For gifts under this category, the property is considered the nonmarital property of the recipient spouse (the spouse that received the gift from the other spouse). Additionally, when the presumption applies, i.e., when the property at issue is not a gift of “nonbusiness tangible personal property,” the presumption can only be overcome by “clear and convincing evidence;” otherwise, it is marital property.

What about joint gifts? If your spouse and you received joint gifts during the marriage, such as wedding presents, there is no assumption that gifts from the wife’s family and friends belong to the wife or that gifts from the husband’s family and friends belong to the husband. This very well may be the most equitable way to divide these types of gifts; however, there is no hard and fast rule.

Child Support and Gifts

While Denver law regarding gifts and inheritances for division of property can be relatively straightforward, it can be much more complex for determining a spouse’s income for purposes of child support. In fact, the court is not required to consider gifts for purposes of determining a spouse’s income for child support purposes, unless the gift is regularly received from a dependable source. In re Marriage of Nimmo, 891 P.2d 1002 (Colo. 1995). Future gifts, in order to be considered as income, cannot be speculative whatsoever.

If, however, you or your spouse is to receive a one-time gift in the future, such as an inheritance or winning the lottery, the court may include the gift in the calculation of income for the year in which the gift will be received. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). The court also has a few options in deciding how to apply this type of gift, particularly regarding interest accrued from the gift, in years subsequent to the one-time payment. See In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000) (holding that the imputation of investment income is not automatic and only applies if a spouse invests a portion of the funds, in which case income from interest could be used as the spouse’s income); In re Marriage of Laughlin, 932 P.2d 858 (Colo. App. 1997) (holding that gross income for child support purposes can include the amount of income an asset could “reasonably” be expected to generate, even if that asset had been consumed prior to the determination of child support); In re Marriage of Bregar, 952 P.2d 783 (Colo. App. 1997) (holding that if income is imputed as a result of a large, one-time payment, the net amount received, after payment of taxes, should be used).

While perhaps not the most common example (even though we all may wish it were), lottery winnings are helpful in explaining the complexity further. “Monetary gifts,” in general, are included within the definition of “gross income” for purposes of child support. There is a narrow exclusion for lottery winnings, but the vast majority of the lottery winnings will be considered in calculating a spouse’s income. Where lottery winnings are paid out in equal periodic installments (such as monthly), the appropriate manner for including them as income will typically be the same, i.e., monthly. In re Marriage of McCord, 910 P.2d 85 (Colo. App. 1995). But, when lottery winnings are to be paid in a lump sum, a Denver court has indicated that child support may be calculated by including the entire winnings in the spouse’s income for the year in which the lump sum was received, without deduction for tax withholding. In re Marriage of Bohn, 8 P.3d 539 (Colo. App. 2000). A court then has the aforementioned variety of options in how to assess the spouse’s future income.

Dealing with inheritances can be a bit trickier. The definition of income in section 14-10-115(5)(a)(1), C.R.S., does not include “inheritance,” but the statute specifically includes “monetary gifts” as income, and the Denver Supreme Court has concluded that monetary inheritances fall within this definition. In re A.M.D. (Casteel v. Davidson), 78 P.3d 741 (Colo. 2003). “Monetary” inheritances include cash or “[a]ssets that can be easily converted to cash,” such as money markets, mutual funds, stocks, and bonds. If an inheritance is “monetary,” then, before the court can include the inheritance as income, it must examine the recipient spouse’s use of the money. If the recipient spouse uses the principal as a source of income to meet existing living expenses or to increase their standard of living, the expended principal should be included as gross income. On the other hand, if the spouse saves or invests the monetary inheritance, such reserved principal is not included in gross income, but the interest generated by the principal is considered income.

While gifts can be relatively straightforward for purposes of division of property, it is not overly difficult to convert something from what was once nonmarital property to marital property. More importantly, gifts can be quite complicated when it comes to determining a spouse’s income.

FAQ

Will all possessions be divided equally during a divorce?

Colorado Is an “equitable distribution” state. The court defines “equitable” as “that which is fair, but not necessarily equal.” Thus, marital assets in Colorado are not necessarily divided evenly in a 50/50 ratio. Additionally, only marital assets will be divided, separate assets will be kept separate.

Am I responsible for my spouse’s debt?

You and your spouse are both responsible for any debt incurred during the course of your marriage, regardless of whose name the debt is in. However, it is possible to negotiate how debt is handled during the divorce process. Contact our law firm for more information.

Will divorce affect my Social Security benefits?

Divorce can affect the amount of Social Security benefits you receive during retirement. Generally, if the marriage lasted for more than 10 years, spouses may be entitled to receive their ex-spouse’s Social Security benefits. This is a complex area of the law, so contact our law firm to set up a review of your unique situation.

What is a QDRO in divorce?

A Qualified Domestic Relations Order (QDRO) is a detailed order used for dividing up a retirement plan during a divorce. Retirement plans that were either obtained during the marriage, or have increased in value during the marriage, are generally considered marital property and can be subject to a QDRO. QDRO’s are specifically needed when splitting up a 401K plan or most pensions (defined benefit plan). However, they are not generally needed for dividing up IRA’s or Roth IRA’s.

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Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

How Do I Deal with a Vindictive Ex?

Going through a divorce is hard enough as it is, but when your spouse becomes vindictive, the process automatically becomes ten times harder. Vindictiveness can include all kinds of things, like removing your name from bank accounts, alienating the kids, making unfounded accusations, and even making unnecessary request of the court just to make your life a little harder. It can be hard to know the best way to deal with your vindictive ex, but in the end it’s pretty simple.

The Best Reaction is No Reaction

It can be hard not to react when it feels like your ex is trying to knock you down, but it truly is the best reaction in this scenario for a couple of reasons. You’ll save your own emotional energy if you aren’t arguing and fighting over everything your ex does and, if kids are involved, it will stop the kids from seeing the fighting.

Reduce Direct Interaction

Try to interact with your ex as little as possible. Once attorneys are involved, this should be pretty easy, as all communication can go through attorneys. If your ex continues to seek out direct interaction, you can always speak to your attorney about getting a protection order for your safety.

Record Interactions

With direct interaction limited, most communication will likely be digitally. Be sure to save those messages and emails, just in case they might prove useful in court.

Set Boundaries

This is the most important part! Your mental health can take a turn for the worse when dealing with a divorce, a vindictive ex, and every day life. Make sure to set boundaries on what you are and are not willing to do and deal with as you continue through the divorce process. Try not to compromise your own boundaries and don’t be afraid to speak to a therapist to help you out!

Dealing with a vindictive ex is incredibly time consuming and emotional! Don’t be afraid to reach out for help. Your attorney and the rest of your “divorce team” will be your saving grace!