The main issues to be resolved in a divorce are dividing assets, determining alimony, child support, and child custody. Because Colorado is a no-fault divorce state, the court will not look at any sort of adultery, domestic violence, abandonment, etc., when determining property division, alimony, or custody. In addition, it’s important to know that Colorado is an “equitable division” state when it comes to dividing the debts and assets of the marital estate (versus a “community property” state).
Divorce Issue #1 – Asset Division
All property acquired during your marriage by either party, regardless of how it is vested, is considered part of the marital estate. The only exceptions are individual gifts received like an inheritance or a personal injury suit award. Here are some topics to consider about marital property division:
- How will dividing your property impact your income taxes?
- How will you handle property that was purchased while separated but still married?
- Will you need to remove one person’s name from the deed of a business, house, or car?
- Debts must also be split up
Divorce Issue #2 – Alimony
Alimony (or “spousal maintenance”) is financial support paid by one spouse to the other. Colorado’s standards for getting alimony are:
- The couple’s combined incomes do not exceed $240,000/year.
- The marriage must have lasted 3+ years.
Not everyone who is divorcing is eligible to get alimony. Courts consider these factors:
- how long the marriage lasted
- the age of each spouse
- the work histories/education of each spouse
- the standard of living during the marriage
- the health of each spouse
In Colorado, alimony is determined by subtracting 50% of the lower-earning spouse’s income from 40% of the high-earning spouse’s income. That number is then divided by 12. For instance:
- Spouse A (the low earner) makes $40,000/year
- Spouse B (the high earner) makes $55,000/year
40% of Spouse B’s Income = $22,000
50% of Spouse A’s income = $20,000
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$2,000/12 = $167/month
Divorce Issue #3 – Child Support
Colorado’s child support guidelines are in place so that children receive a fair share of their parent’s resources. In this way, Colorado considers the following factors in determining child support amounts:
- Expenses like health insurance and babysitting
- Gross income of each parent
- Other child support orders (from previous marriages)
- How many overnight stays the child has with each parent
You will not pay child support if your child passes away, is on active military duty, is already supporting themselves, becomes emancipated, or gets married before the age of 18.
Divorce Issue #4 – Child Custody
What’s best for your children will always be the court’s top priority. For instance, Colorado courts look at these items when deciding on custody arrangements:
- Special needs of the children
- The connection between each spouse and the children
- Parental work schedules
- What will be least disruptive to the children
Get Started on Your Divorce with an Aurora CO Divorce Attorney
Our Aurora CO divorce attorneys at CNL Law Firm can handle every aspect of your divorce from custody to asset division. Contact us now to book your free consultation.
