What You Need to Know About What a Wife is Entitled to In a Colorado Divorce
If you are currently going through or considering a divorce in Colorado, you may wonder what laws are in place to protect you. Here’s everything you need to know about what a wife is entitled to in a Colorado divorce.
A court may entitle a wife in a Colorado divorce to property division and alimony payments. If spouses cannot make conclusions on the division of property and alimony payments before going to court, a judge will make the final verdict.
Property Division in a Colorado Divorce
In terms of property division, a Colorado court will consider the amount of separate property that a wife has to determine her fair share of the couple’s marital property. Divorced couples must first establish the boundaries between their personal separate properties and properties bought in a marital state. Separate properties are properties acquired before marriage. Marital property is any property that an individual acquires during the marriage, which a court splits upon divorce.
Colorado has an equitable distribution rule which dictates that a court will emphasize distributing a fair share of marital property to each individual depending on the following criteria:
- Each spouse’s contribution to the marriage;
- Each spouse’s contribution to acquiring the marital property;
- Each spouse’s economic circumstances;
- Any separate property that increased or decreased in value during the marriage.
Alimony in a Colorado Divorce
The amount of alimony a Colorado court will entitle you to depends on the following criteria:
- Gross income per individual
- The portion of marital property given to each individual
- Available financial resources
- Reasonable financial need as established during the marriage
- Whether the alimony will be deductible for federal income tax purposes by the payor and taxable income to the recipient
- Divorce lawyers suggest that spouses agree on alimony before going to court. A mutual decision benefits both parties by reducing the time taken in court. If an agreement is not possible, then it is up to the judge to decide alimony. Both a wife and husband may pay alimony.
- The Colorado maintenance statute provides a guideline for courts to follow when determining alimony. However, the final decision is up to a judge.
FAQs About What a Wife is Entitled to in a Colorado Divorce
Who can file for divorce in Colorado?
If you and your spouse have been in a permanent Colorado home for at least 91 days, you will both be eligible to file for a divorce.
What are the legal grounds for divorce in Colorado?
Colorado is a no-fault state, meaning that spousal misconduct is not a deciding factor in granting a divorce, dividing property, or determining alimony.
Does Colorado require separation before divorce?
Colorado does not require any form of separation before the final verdict on the divorce. It is up to the couple to decide what is best suited for their situation.
How long does it take to get a divorce in Colorado?
Colorado mandates a 91-day “cooling” period after the non-filing spouse receives the divorce papers and before a court finalizes the divorce.