Equitable Distribution of Marital Property

Colorado courts divide marital property equitably upon divorce, without considering marital misconduct. Equitable distribution seeks to achieve fairness, not mathematical precision, which depends on the facts and circumstances of each case.

The court distinguishes marital property from separate property as follows: “marital property” means all property acquired by either spouse subsequent to the marriage except:

1. Property acquired by gift, bequest, devise, or descent;
2. Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;
3. Property acquired by a spouse after a decree of legal separation; and
4. Property excluded by valid agreement of the parties.

If the parties are unable to agree as to the distribution of their marital property, the court will divide the marital property in such proportions as the court deems just after considering all relevant factors including:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
2. The value of the property set apart to each spouse;
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time; and
4. Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.