Colorado Divorce Property Division

What the Law Says

Colorado courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Colorado divides marital property “in such proportions as the court deems just” under C.R.S. §14-10-113(1), without regard to marital misconduct and with no statutory presumption of an equal split. The statute lists four factors: each spouse's contribution to the acquisition of marital property (including homemaker contributions); the value of the property set apart to each spouse; the economic circumstances of each spouse when the division takes effect, including the desirability of awarding the family home to the parent with whom the children reside the majority of the time; and any increases or decreases in the value of separate property during the marriage or depletion of separate property for marital purposes.

Division Factors (Colo. Rev. Stat. §14-10-113)

What Colorado courts weigh:

1. Contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker (§14-10-113(1)(a))
2. Value of the property set apart to each spouse (§14-10-113(1)(b))
3. Economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse with whom the children reside the majority of the time (§14-10-113(1)(c))
4. Any increases or decreases in the value of the separate property of a spouse during the marriage, or the depletion of separate property for marital purposes (§14-10-113(1)(d))

Common Questions