A major issue of confrontation in family law cases is the division of marital property. Each side in a divorce wants to know how much of the marital estate he or she will keep after the marriage ends.
Colorado generally defines marital property as “all property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation.”[i] There are exceptions to this general rule and include things like: property acquired by gift, bequest, devise, or descent (such as an inheritance); property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent; property acquired by a spouse after a decree of legal separation; and property excluded by a valid agreement of the divorcing parties.[ii]
In Colorado, a judge in a divorce case must divide marital property so that each party receives a portion that is just and equitable.[iii] Importantly, a judge has broad discretion to determine what is fair under a “just and equitable” standard.[iv] It is also important to recognize that, in dividing marital property, “equitable” does not necessarily mean the same thing as “equal.”[v] The split may be 50/50 or 60/40 or 65/35, and that can be considered equitable. Also, there is no mathematical formula to determine what is a just and equitable amount.[vi]
There are a number of factors stated in Colorado law that a court must consider when determining the division of marital property. These include:
(a) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
(b) The value of the property set apart to each spouse;
(c) 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
(d) 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.[vii]
When dividing marital property, a judge is supposed to consider all (emphasis added) factors of the parties when arriving at a just and equitable division. This includes issues that will arise in the future. For instance, a court may consider the anticipated benefit of future Social Security retirement payments when assessing how to divide property.[viii]
Generally speaking, division of marital property is complex. Numerous examples highlight just how problematic this subject can be. What is the fair economic value of a spouse who became a homemaker upon getting married but gave up a promising career? How should a business be valued that was started by a married couple but now must be split because of a pending divorce?
In these and similar situations, seeking the help of an experienced Colorado family law attorney becomes essential. If you are facing the end of a marriage, contact Mile High Legal to get the assistance you need to guarantee obtaining your fair share of the marital estate and protecting your future plans.
[i] § 14-10-113(3), C.R.S. (2025)
[ii] § 14-10-113(2)(a) through (d), C.R.S. (2025)
[iii] In re Marriage of Eisenhuth, 976 P.2d 896, 901 (Colo. App. 1999)
[iv] Id.
[v] Id.
[vi] Carlson v. Carlson, 178 Colo. 283, 288 (1972)
[vii] § 14-10-113(1)(a) through (d), C.R.S. (2025)
[viii] In re Marriage of Morehouse, 121 P.3d 264, 266-67 (Colo. App. 2005)
