Property Division in Colorado Divorce
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After three decades of supporting thousands of families through divorce, we understand the complexities involved in achieving a fair outcome that protects your assets and financial well-being.
Whether you require assistance with asset valuation, debt division, or strategic solutions to protect separate property, our experienced family law attorneys can help.
It is important to know that Colorado operates under an “equitable distribution” system, which means the courts divide assets equitably, though not necessarily equally. That is why it is so important to partner with an experienced family law firm like ours.
Our property division attorneys have the knowledge and skills to evaluate marital assets, advocate for your interests, and negotiate favorable outcomes on your behalf. When you work with us you are in capable hands. Let us protect you and help you begin your next chapter with more security and peace of mind.
Compassionate Family Law Services: Since 1989
Choosing the right team for your property division case means securing the perfect blend of knowledge, expertise, and compassion. The family law team at Jorgensen, Brownell & Pepin, P.C. offers exactly that.
- 30+ Years of Experience: Over the last three decades, we’ve built a reputation on competence and compassion. Our track record speaks for itself and we encourage you to see what our satisfied clients say about us.
- Custom Legal Solutions: While we believe in upholding Colorado law, we don’t believe in one-size-fits-all solutions. You are as unique as your case. We will work with you to find a custom solution tailored to your needs and goals.
- A Comprehensive Approach: Our Colorado property division team has deep knowledge of all matters related to family law. Let us be your guide and ensure you secure a fair and favorable outcome in your property division case.
- Compassionate Guidance: We believe in efficiency, but not at the expense of kindness and compassion. Our team is dedicated to helping clients overcome common legal obstacles with care.
Frequently Asked Questions
What is marital property?
It is any property acquired during a marriage so long as it was not acquired by inheritance or as a gift solely to one spouse. Properties that are not considered marital are called separate properties. When one spouse’s separate property increases in value during the marriage, the increase in value would normally also be considered marital property. Separate property for which the title is changed to include both spouses jointly can also become marital.
How is property divided in Colorado?
Colorado judges and courts will divide marital property equitably. There are certain circumstances that will result in an equitable division that is not necessarily equal. This can occur when one spouse has a much higher income or ability to replace assets, or it may relate to spousal support. Unequal property division may also occur when one spouse is allocated a larger amount of marital debt. It is imperative that each party be able and prepared to explain to the court the equity of a proposed division.
How are pensions and retirement accounts divided?
In Colorado, a judge or court shall include pensions and retirement plans earned by each spouse as marital assets available for division. These retirement benefits are divided into the following two groups:
Defined Contribution Plans
This is money belonging to an employee. The employer or employee can make defined contributions. Although the balance of the plan constantly fluctuates, the value is definable at any given plan. Profit sharing plans, 403(b)’s, and 401(k)’s fall into this group
Defined Benefit Plans
This is a benefit an employer promises to pay to an employee in the future. Pensions and annuities fall into this category. The amount to be paid may be determined by a formula that is based on an employee’s salary near the end of the employee’s career and the number of years the employee worked for that employer before retiring. The present value of this future benefit can be determined so that this asset can be fairly assessed and allocated.
Can a prenuptial agreement affect property division?
Yes. These agreements can specify which assets are considered separate property and how marital property should be divided, overriding state laws on property division. It's important to have a prenuptial agreement reviewed our experienced legal team to understand its implications fully and ensure it's enforceable.
How are debts divided in a divorce?
Just like assets, debts acquired during the marriage are typically considered marital property and divided equitably between the spouses in a divorce. The division of debt will depend on whose name the debt is in, the purpose of the debt, and state laws regarding property division.
Our lawyers can help negotiate a fair division of marital debt, taking into account the financial circumstances of both parties.
Protect Your Future Today - Call Jorgensen, Brownell & Pepin, P.C.
At Jorgensen, Brownell & Pepin, P.C., we understand the stress and emotional complexity that comes with property division. Personal experience has shown us that divorce is much more than a legal process—it’s a pivotal moment that demands careful guidance and compassionate support. That is what we have offered clients since 1989. Let us be your advocate and ally, ensuring you begin a new life chapter with confidence. Contact us today!
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