Colorado is an equitable distribution state. The court divides marital property fairly based on statutory factors under C.R.S. § 14-10-113. See how your assets may be divided.
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Equitable Distribution
Property System
Equitable
Default Split
C.R.S. § 14-10-113
Primary Statute
91 days
Min. Residency
Colorado is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under C.R.S. § 14-10-113, the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: C.R.S. § 14-10-113
Separate property includes property acquired before marriage, by gift or inheritance, or property excluded by valid agreement. Appreciation of separate property during marriage may be partly marital depending on active vs. passive appreciation.
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Contribution of each spouse to acquisition (including homemaker)
Value of property set apart to each spouse
Economic circumstances at time division becomes effective
Increase or decrease in value of separate property during marriage
Depletion of separate property for marital purposes
Pure no-fault: fault is completely irrelevant to property division.
Court uses "dissolution" terminology, not "divorce."
Colorado Revised Statutes govern; court has broad discretion.
Enter your assets, debts, and situation. Get a personalized property division estimate based on Colorado law.
Colorado is a equitable distribution state. No 50/50 presumption — equitable distribution based on statutory factors. The primary statute governing property division is C.R.S. § 14-10-113. The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
Separate property includes property acquired before marriage, by gift or inheritance, or property excluded by valid agreement. Appreciation of separate property during marriage may be partly marital depending on active vs. passive appreciation.
No. Colorado is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
Colorado has several unique features: Pure no-fault: fault is completely irrelevant to property division. Court uses "dissolution" terminology, not "divorce."
Get a personalized property division analysis based on Colorado's equitable distribution laws.
Start My Free ColoradoEstimate →This tool provides educational estimates based on Colorado equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed Colorado family law attorney before making decisions. Primary statute: C.R.S. § 14-10-113.