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In a Colorado Springs divorce, many couples wonder if they have to split their property 50/50. The answer is not always straightforward, as each divorce is different, and applying the law can be more complicated than you think.

If you are going through a divorce in Colorado Springs and need assistance with property division and other issues, contact The Law Office of Andrew Bryant for representation from the start. We can handle every step of the process while protecting your interests and property rights.

Understanding Equitable Distribution in Colorado Springs

Regarding property division in a divorce, Colorado follows the principle of equitable distribution. This means that the court aims to divide marital assets and debts in a manner that is fair considering all the relevant factors. Keep in mind that a fair division does not always mean a 50/50 split.

The court takes into account various factors to determine a fair division of property, such as:

• Length of the marriage: The duration of the marriage plays a significant role in property division. Generally, the longer the marriage, the more likely it is that the court will lean toward a more equal distribution of assets.
• Contributions to the marriage: The court considers the contributions of each party to the marriage, both financial and non-financial. This includes factors such as earning power, homemaking contributions, and child-rearing responsibilities.
• Economic circumstances: The court also takes into account the economic circumstances of each party, including their earning capacity, education, health, and income potential. The goal is to ensure both parties can reasonably move forward financially after the divorce.
• Custody arrangement: If there are children involved, the custody arrangement can impact the division of property. The court may consider the custodial parent’s needs and the children’s best interests when determining the division of assets, such as the family home.

Factors That May Influence Property Division

In addition to the general factors mentioned above, there are other circumstances that may influence property division in a Colorado Springs divorce, such as:

• Property brought into the marriage: Property acquired by each spouse before the marriage, known as separate property, is usually not subject to division. However, commingling separate property with marital property can complicate matters. You need a skilled divorce attorney to protect your separate property, including inheritances.
• Prenuptial or postnuptial agreements: If you and your spouse have a valid prenuptial or postnuptial agreement in place, the court will generally uphold the terms outlined in the agreement. These agreements can provide clarity and guidance on property division. Your divorce lawyer can ensure the agreement is enforceable under the law.
• Complex assets or business ownership: If you or your spouse own a business or have complex assets, such as investments or real estate, property division can become more complicated. Valuing and allocating these assets requires special experts, which your divorce attorney can connect you with.
• Marital misconduct: While Colorado is a no-fault divorce state under the law, the court may consider marital misconduct, such as adultery or domestic violence, when dividing marital property. However, it is important to note that these factors do not automatically result in a disproportionate distribution of assets. The court might consider whether one spouse wasted marital assets on an affair and account for this in the divorce judgment.

Dividing Property in Your Divorce

While we discussed factors the court considers, not every property division matter is decided in court. In fact, many divorcing couples can reach an out-of-court agreement that the judge simply must approve. This is much more efficient and less adversarial than taking the case to trial.

Our firm believes in using negotiation skills to work with your spouse’s attorney to reach a fair property division agreement. Because Colorado law does not require a 50/50 division, we can find many creative solutions to divide property that are fair in the eyes of the law and satisfy both spouses. This prevents the need for a lengthy and costly court battle.

If negotiation does not work, we can represent you through mediation if appropriate in your situation. We explore possibilities that allow you to maintain control over how you divide your property while complying with the requirements of Colorado divorce laws.

Of course, if your case cannot reach an out-of-court settlement, we are prepared to fight for your property rights in front of the judge.

Contact a Colorado Springs Divorce Attorney Today

If you are facing a possible divorce in Colorado Springs, contact The Law Office of Andrew Bryant. Our experienced divorce attorneys are here to provide you with trusted legal guidance throughout the divorce process. We understand the importance of protecting your property and achieving a fair division of assets. Reach out to schedule a consultation and let us help you assess your situation and advise you on what you might expect.