Boulder Family Law Firm 

Property Division

In a Colorado divorce, property division adheres to the principle of equitable distribution, which aims to divide marital assets and debts fairly, though not necessarily equally. 

The process begins with identifying and valuing all marital property, including assets acquired during the marriage, regardless of whose name is on the title. Separate property, such as that brought into the marriage, is generally excluded from distribution and simply reverts to the spouse who originally owned it. 

The court then considers multiple factors to ensure a just division of the marital estate. These factors include each spouse's contribution to the marriage, whether financially or through homemaking and child-rearing, the economic circumstances of each spouse, and the value of each party's separate property.

Spousal Maintenance

Spousal maintenance – known more colloquially as alimony – is financial support paid by one ex-spouse to the other. In Colorado, the court assesses several factors to determine its necessity, amount, and duration. These factors include the length of the marriage, each spouse's financial resources, employment status, earning potential, and the standard of living established during the marriage. 

Temporary or rehabilitative maintenance may be awarded to support the lower-earning spouse while they acquire education or job skills to become self-sufficient. For marriages lasting more than twenty years, permanent maintenance might be considered, especially if one spouse sacrificed significant career opportunities to support the household. The court also examines each spouse's age, health, and ability to meet their needs independently. 

The primary intent of spousal maintenance is to provide financial stability and allow the lower-earning spouse to transition to independent living without undue hardship. 

Child Custody

Custody arrangements in Colorado are designed to prioritize the best interests of the child. The court evaluates numerous factors to make this determination, including each parent's ability to care for the child, the child's relationship with each parent, and the child's adjustment to home, school, and community. 

Child custody is divided into two main components – legal custody, which pertains to decision-making authority regarding the child's upbringing, and physical custody, which refers to where the child lives and the day-to-day care they receive.

Child Support

Child support is meant to ensure that children continue to receive financial support from both parents after a divorce. Several factors influence the final support amount, including the child's needs, both parents' financial status, and the custodial arrangement. 

The support payments are meant to cover essentials such as housing, food, education, and medical care, aiming to maintain the child's standard of living and meet their developmental needs. The court may also consider extraordinary expenses, such as special educational needs or extracurricular activities. 

The overarching goal is to ensure that the child's well-being is prioritized and that both spouses contribute fairly to their upbringing, reflecting the shared responsibility of parenting even after a divorce.