Quick answer: Colorado divides marital property in such proportions as the court deems just, without regard to marital misconduct, and sets no fixed 50/50 rule. Marital property is acquired after the marriage and, in a divorce, up to the decree. The statute describes a time-rule formula for pensions, and a court can divide a public employee plan only on the parties’ written agreement.
This Colorado pension division calculator applies the time-rule formula in C.R.S. 14-10-113. You supply the months of service credit during the marriage, the months at retirement, the monthly benefit and the percentage you want to test: the statute leaves the percentage to the court’s order or the parties’ agreement.
Colorado pension and retirement division at a glance
| Rule | What Colorado says |
|---|---|
| Division | The court sets apart each spouse’s property and divides the marital property, without regard to marital misconduct, in such proportions as it deems just (C.R.S. 14-10-113(1)) |
| Marital property | All property acquired by either spouse after the marriage except gifts, bequests, inheritances, exchanges for them, property acquired after a decree of legal separation and property excluded by agreement (14-10-113(2)) |
| Premarital assets | An asset acquired before the marriage or by gift or inheritance is marital to the extent its present value exceeds its value at the marriage or acquisition (14-10-113(4)) |
| Valuation date | The date of the decree, or the date of the hearing on disposition of property if it comes first (14-10-113(5)) |
| Time-rule formula | Months of service credit during the marriage divided by months at retirement, times the percentage in the order, times the payment (14-10-113(6)(c)(III)(C)) |
| Public employee plans | A court can divide them only on the parties’ written agreement, submitted to the plan administrator within 90 days after the decree (14-10-113(6)(c)(I), (f)) |
How does Colorado divide a pension?
- The marital share. See how a Colorado pension’s marital share is calculated.
- Dates and valuation. See cutoff dates and valuation for retirement accounts in Colorado.
- Military and federal pensions. See military and federal pensions in a Colorado divorce.
What does this pension division calculator check?
The calculator divides months of service credit during the marriage by months of service credit at retirement, applies that fraction to the monthly benefit, and multiplies by the percentage you enter, which starts at 50%. For military retired pay it also checks the federal 10-year overlap that allows direct payment (10 U.S.C. 1408(d)(2)). A court may use a different method, and the benefit also depends on the plan’s own rules. To see the rest of the property split, use the Colorado property division calculator.
Frequently asked questions
Are pensions divided in a Colorado divorce?
Yes. Retirement earned during the marriage is marital property, divided in such proportions as the court deems just; a court can divide a public employee plan only on the parties’ written agreement.
Is a Colorado pension divided 50/50?
Not by rule. The statute says such proportions as the court deems just and sets no fixed percentage.
What is the time-rule formula in Colorado?
Months of service credit during the marriage divided by months of service credit at retirement, multiplied by a percentage in the order and by the payment at retirement.
When is a Colorado retirement account valued?
At the date of the decree, or the date of the property hearing if it comes first.
Is military retirement divided in Colorado?
Yes, within federal limits: the total payable under all court orders is capped at 50% of disposable retired pay.