Colorado Property Division FAQ's

Does one spouse have to be at fault for me to get a divorce?
No. Colorado is a no-fault divorce state.

Can I get more money if my spouse is at fault?
Probably not. In Colorado the conduct or fault of the parties may not be a factor considered by a judge before dividing assets and awarding alimony/maintenance.

What is equitable distribution and is Colorado a equitable distribution state?
Yes, Colorado is an equitable distribution state. This means that the court may divide property between the parties in an equitable fashion. Equitable, does not always mean equal.

What do judges [and juries] consider?
Under Colorado law, judges without juries must consider a number of factors your attorney will explain to you.

Is it different in other states?
Every state as a different set of laws.

Do I automatically get half of the assets?
No.

By the way, can my spouse share in my inheritance from my grandmother?
Generally an inheritance, or a gift is considered to be your separate property. In many cases it depends upon what you did with the inheritance or gift upon receipt.

Do I get a share of my spouse's pension?
Yes. You may be entitled to a share of a pension accumulated during the marriage.