Property Division in Colorado Divorce
Secure Your Assets, Protect Your Future
At Jorgensen, Brownell & Pepin, P.C., we understand the complexities of divorce, particularly when it comes to dividing assets. With over 30 years of experience in family law, we are committed to empowering clients and guiding them through the process.
In matters of property division, it is important to understand that Colorado is an “equitable distribution” state, meaning that the court must divide marital assets equitably but not necessarily equally. While the court will fairly divide assets, an equal split is not always guaranteed.
If you are filing for divorce and would like to protect your future and assets, contact our Colorado property division attorneys at Jorgensen, Brownell & Pepin, P.C. immediately. We can look at the assets you and your spouse share and ensure you get your fair portion. We will protect your rights and ensure you secure the best possible outcome.
Compassionate Family Law Services: Since 1989
Choosing the right team for your property division case means securing the perfect blend of knowledge, expertise, and compassion. The family law team at Jorgensen, Brownell & Pepin, P.C. offers exactly that.
- 30+ Years of Experience: Over the last three decades, we’ve built a reputation on competence and compassion. Our track record speaks for itself and we encourage you to see what our satisfied clients say about us.
- Custom Legal Solutions: While we believe in upholding Colorado law, we don’t believe in one-size-fits-all solutions. You are as unique as your case. We will work with you to find a custom solution tailored to your needs and goals.
- A Comprehensive Approach: Our Colorado property division team has deep knowledge of all matters related to family law. Let us be your guide and ensure you secure a fair and favorable outcome in your property division case.
- Compassionate Guidance: We believe in efficiency, but not at the expense of kindness and compassion. Our team is dedicated to helping clients overcome common legal obstacles with care.
Frequently Asked Questions
What is marital Property?
It is any property acquired during a marriage so long as it was not acquired by inheritance or as a gift solely to one spouse. Properties that are not considered marital are called separate properties. When one spouse’s separate property increases in value during marriage, such increase in value would normally also be considered martial property. Separate property for which the title is changed to include both spouses jointly can also become marital.
How is property divided in Colorado?
Colorado judges and courts will divide marital property equitably.
There are certain circumstances that will result in an equitable division that is not necessarily equal. This can occur when one spouse has a much higher income or ability to replace assets, or it may relate to spousal support. Unequal property division may also occur when one spouse is allocated a larger amount of marital debt. It is imperative that each party be able and prepared to explain to the court the equity of a proposed division.
How are pensions and retirement accounts divided?
In Colorado, a judge or court shall include pensions and retirement plans earned by each spouse as marital assets available for division. These retirement benefits are divided into the following two groups:
Defined Contribution Plans
This is money belonging to an employee. The employer or employee can make defined contributions. Although the balance of the plan constantly fluctuates, the value is definable at any given plan. Profit sharing plans, 403(b)s, and 401(k)s fall into this group.
Defined Benefit Plans
This is a benefit an employer promises to pay to an employee in the future. Pensions and annuities fall into this category. The amount to be paid may be determined by a formula that is based on an employee’s salary near the end of the employee’s career and the number of years the employee worked for that employer before retiring. The present value of this future benefit can be determined so that this asset can be fairly assessed and allocated.
Can a prenuptial agreement affect property division?
Yes. These agreements can specify which assets are considered separate property and how marital property should be divided, overriding state laws on property division. It's important to have a prenuptial agreement reviewed by our experienced legal team to understand its implications fully and ensure it's enforceable.
How are debts divided in a divorce?
Just like assets, debts acquired during the marriage are typically considered marital property and divided equitably between the spouses in a divorce. The division of debt will depend on whose name the debt is in, the purpose of the debt, and state laws regarding property division.
Our lawyers can help negotiate a fair division of marital debt, taking into account the financial circumstances of both parties.
Protect Your Future Today - Call Jorgensen, Brownell & Pepin, P.C.
While facing a divorce or property division is challenging, the legal team at Jorgensen, Brownell & Pepin, P.C. is here to guide you through the process, ensuring your voice is heard and your rights are protected. Let us ease your mind and help you successfully navigate your case, just like we’ve done for countless Colorado clients for over 30 years. Contact us today!
Family Law Specialties
Get more information about our family law representation
We’ve Helped Others Like You
Get The Help You Need
Get JBP Legal’s experience on your side. Contact us for questions or a consultation.