Colorado Family Law

 

Colorado laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Colorado Revised Statutes Title 14 0 Domestic Matters
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment Income shares model
i. Periera and Van Camp in CA  
b. Property distribution factors Article 10, Section 14-10-113
4. Legal separation? Yes, under 14-10-112
a. Waiting period/Separation period 90 days
5. Is mediation required "Colorado Revised Statutes; Article 10, Sections
14-10-110, 14-10-123.7, 14-10-128.5, and 14-12-106]."
6. Forms used Colorado Judicial Branch - Forms and Information
7. Alimony guidelines and factors See 14-10-114(3)(b)
Alimony formula See page 3 - combined incomes are less than $360,000.00 annually and married for at least three (3) years:  40% of the monthly gross income of the higher earning spouse, less 50% of the monthly gross income of the lower earning spouse. The duration of the maintenance award varies with the duration of the marriage. 
a. Types Temporary, Permanent/Rehabilitative, Permanent/Reimbursement, Permanent/Modifiable, Permanent/Contractual/Non-modifiable
b. Term Limits See page 4, for marriages of 3 years to 20 years, terms range between 31% for 11 months to 50% for 10 years.
Cohabitation "If a paying spouse wants to end alimony payments because ex-spouse is living with another person, he/she will need to show that the recipient's expenses have been significantly reduced because of the cohabitation or the cohabitation amounts to a common law marriage. OR Remarriage of receiving party terminates obligation to pay future maintenance
CO ST § 14-10-122"
c. Imputing income Yes, Page 64, defines underemployed
d. Change in circumstances Yes, Page 89
e. Ceases on retirement Alimony terminates at full retirement age if retires in good faith.  H.B. 1058, 69th Gen. Assemb., 1st Sess. (Colo. 2013) (enacted)
Impute income on early retirement  
Early retirement for health reasons is involuntary  
f. Definition of income Actual gross income if employed to full capacity or potential income if unemployed or underemployed.   Does  not include benefits from means tested public assistance, including SSI and food stamps,
8. Child support factors and guidelines Colorado Child Support Guidelines - Rev 1/2014
9. Child support calculator Colorado Child Support Manual Worksheets and Forms
10. Lump Sum  Support allowed? Yes
11. Valuation  
a. Valuation date Trial
b. Goodwill divisibility All goodwill is divisible - In re Marriage of Nichols, 43 Colo. App. 383 (1979)
c. Standard of value Investment value
d. Discounts Yes, Thornill
e. Shareholder/partner agreements  
 12. Double dip  Double dip allowed
 a. Stock options  Permissable
 b. Retirement accounts  Permissable - In re Marriage of Zappanti, 8-0 P.3d 889 (Colo. Ct. App. 2003)
 c. Child support Permissable
 13. Key cases  
 14. Premarital agreements  Valid, see Part 3, page 7
 15. Common law  Yes after 9/1/06, see 14-2-109.5


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