Colorado Property Division: How Equitable Distribution Works
Colorado is an equitable distribution state. The court divides marital property in such proportions as it deems just, without regard to marital misconduct, after weighing factors such as each spouse’s contribution, the property set apart, economic circumstances and changes in the value of separate property. There is no equal-division presumption.
Equitable distribution, not community property
The IRS describes the nine community property states in Publication 555: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Colorado is not one of them. Under C.R.S. 14-10-113(1), the court sets apart to each spouse his or her property and divides the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors.
No equal-division presumption
Unlike some states, Colorado’s statute does not say that marital property is divided equally. Equal division is common in practice, but the statute asks what is just in the circumstances, so a court can divide unequally when the factors support it.
The factors
The court considers the contribution of each spouse to the acquisition of the marital property, including as a homemaker; the value of the property set apart to each spouse; each spouse’s economic circumstances when the division takes effect, including the desirability of awarding the family home or the right to live in it for reasonable periods to the spouse with whom the children live most of the time; and increases or decreases in the value of separate property during the marriage or its depletion for marital purposes.
Valuation date
Property is valued as of the date of the decree or as of the date of the hearing on disposition of property if that hearing comes before the decree (Section (5)). Asset values can change, so the valuation date matters.
Retirement benefits
Public-employee retirement plans established under Colorado law can be divided directly by the plan if the parties sign a written agreement that meets the statute’s requirements and submit it to the plan administrator within 90 days after the decree and permanent orders (Section (6)).
Documents to gather
Gather deeds, titles, account and retirement statements, loan balances and tax returns, and records showing when and how each asset was acquired and what it was worth at the marriage. Because the court weighs contributions and economic circumstances, budgets and evidence of homemaker contributions matter along with the asset records.
Test a split
The Colorado property division calculator starts at an equal share and lets you test other shares and the equalizing payment each one implies.
Frequently asked questions
Is Colorado an equitable distribution state?
Yes. The court divides marital property in such proportions as it deems just after considering all relevant factors, without regard to marital misconduct.
Does Colorado consider fault in dividing property?
No. The division is made without regard to marital misconduct.
What factors does a Colorado court weigh in dividing property?
Contributions to acquiring the property, including as a homemaker, the value of property set apart to each spouse, each spouse's economic circumstances including the family home, and increases or decreases in the value of separate property.
Can Colorado courts divide property unequally?
Yes. The statute requires a division in proportions the court deems just; it does not require an equal split.
When is property valued in a Colorado divorce?
As of the date of the decree or of the hearing on disposition of property, if that hearing comes first.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Colorado statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Colorado attorney.