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A Colorado Springs property division lawyer at Modern Family Law helps you sort out, value and fairly divide your home, savings, retirement, military pension, business and debts in a Colorado divorce. El Paso County cases are heard at the El Paso Combined Court. Your first consultation is free.
When a marriage ends, so does a shared financial life. It's natural to worry about where you'll live, whether you'll keep your retirement and how you'll handle debt on one income. For military families, the pension and benefits can be the biggest asset of all.
Our Colorado Springs family law attorneys help you understand Colorado's rules for asset division and property distribution, organize your finances and build a plan that protects your future. We look for fair, practical solutions and prepare carefully in case you need a judge to decide.
Schedule a Free ConsultationColorado isn't a community property state. Instead, it follows "equitable distribution": marital property is divided in a way that's fair, which doesn't always mean equal (C.R.S. § 14-10-113). The judge can consider each spouse's contributions, including caring for the home and children, the value of each spouse's separate property, and each spouse's economic circumstances after the divorce.
Here's the basic split:
Separate property isn't always fully protected. If it increased in value during the marriage, that increase is generally marital. If you mixed separate money with marital money, it can become harder to prove what's yours.
Debts are part of the picture too. Loans and credit card balances from the marriage are usually divided along with the assets.
Does a spouse get half of a 401(k) or TSP account? Not automatically. The portion earned during the marriage is marital and is divided equitably. The same idea applies to military retired pay, which we cover below. List your accounts and debts in our assets and debts calculator to get organized.
Our Attorneys Are Ready to Listen. Our Colorado Springs property division attorneys have the knowledge, resources and dedication to prepare your case, protect your interests and work toward a fair outcome.
Schedule a ConsultationWe're not fans of surprises, and we suspect you aren't either. We built these calculators so you know what to expect every step of the way.
You can work through property division yourself, or a property division attorney can handle it for you. It's one of the hardest parts of a divorce to undo, because courts rarely reopen a property split after the decree. If you'd rather handle it yourself, here are the basic steps.
Write down everything: your home and any rental properties, checking and savings accounts, investment accounts, 401(k)s, IRAs, TSP accounts and pensions, vehicles, businesses, valuable personal items, credit cards and loans. Include accounts in either spouse's name. Pull recent statements for each item so you're working from real numbers, not guesses.
Sort each item into marital or separate property. This gets tricky when money has been mixed, like an inheritance deposited into a joint account or marital income used to pay off a home one spouse owned before the wedding. Bank statements and closing documents can help trace what started as separate.
Each item needs a fair value. Homes may need an appraisal, accounts use recent statements and businesses may need a professional valuation. Military retired pay and other pensions are valued differently from a regular account, so it's important to understand how each one is measured before agreeing to a split.
Within 42 days, each spouse files a JDF 1111 Sworn Financial Statement and shares required financial documents, such as tax returns, pay statements or LES statements, and account records. Full disclosure is required. If something seems missing from your spouse's disclosures, we can ask the court to require more.
Most Colorado Springs couples settle property division through negotiation or mediation and sign a separation agreement (JDF 1115). Settlement lets you make practical trade-offs, such as one spouse keeping the house while the other keeps a larger share of retirement. Mediation is often required before a contested hearing.
Retirement accounts need special court orders to divide. Private plans often use a qualified domestic relations order (QDRO). Military retired pay and TSP accounts use their own types of orders. We coordinate with plan administrators so the order is accepted the first time.
If you can't settle, a judge at the El Paso Combined Court decides how to divide your property at a permanent orders hearing. Each side presents evidence about values and whether items are marital or separate. Even then, many couples settle some issues before the hearing date.
For many Fort Carson, Peterson SFB and Air Force Academy families, military retirement is the largest asset in the marriage. The USFSPA allows Colorado courts to treat military retired pay as divisible property; for divorces after late 2016, the division is generally based on rank and years of service at the time of the divorce. Under the 10/10 rule, if the marriage lasted at least 10 years while the member served at least 10 years, DFAS can pay the former spouse's share directly — it controls direct payment, not whether retired pay can be divided at all. TSP balances earned during the marriage can be divided with a court order meeting TSP's requirements. VA disability compensation generally can't be divided as property, and Survivor Benefit Plan coverage carries strict deadlines after the decree.
Our Colorado Springs property division attorneys understand how overwhelming this part of a divorce can be. We'll listen to the specifics of your case, pay close attention to your concerns and goals, and give you clear, practical guidance to help you protect your future.
Frequently asked questions
No. Colorado uses equitable distribution. Rather than automatically splitting marital property in half, the court divides it in a way that's fair based on both spouses' circumstances. Results are often close to equal, but a judge can divide property unevenly when contributions, separate property or future financial needs make that fairer.
Separate property usually stays with the spouse who owns it. That generally includes property owned before marriage, gifts to one spouse, inheritances and property excluded by a valid prenup. VA disability pay also generally isn't divided. But growth in separate property during the marriage, or separate funds mixed with marital money, can be divided.
Not necessarily. The marital portion of a 401(k), meaning contributions and growth during the marriage, is divided equitably, and that may or may not mean 50/50. Amounts saved before the marriage are generally separate. A qualified domestic relations order is usually needed to divide the account without early-withdrawal penalties.
It depends on your agreement or the judge's decision. One spouse may keep the house and buy out the other, often through a refinance. Couples may also sell and split the proceeds. When children are involved, stability matters. For military families, an upcoming PCS move can also affect whether keeping the house makes sense.
Marital debts are divided equitably, just like assets. The court looks at who took on the debt, who benefited and each spouse's ability to pay. Your decree controls the two of you, but not your creditors. If both names are on an account, a lender can still pursue either spouse.
It depends on the complexity of your finances and how much you and your spouse agree. Military retirement orders, business valuations and contested hearings add work. Most attorneys bill hourly against a retainer. We'll explain likely costs before you commit, and our SimpleStart program may lower your starting retainer.
Our Colorado Springs property division lawyers understand how stressful it is to divide a life you built together. Every case is unique, and you deserve the time it takes to understand every account, asset and debt in yours. Once we understand your finances, we can give you clear guidance toward a fair outcome.
The best way through property division is to be prepared. Knowing what you own, what it's worth and how Colorado law treats it helps you make better decisions. We also look past the dollar value on paper, because taxes, liquidity and future costs matter too. Our SimpleStart™ program gives qualified clients a way to reduce the money needed to start their case, and we explain our transparent fees up front.
After the decree, we help make sure your agreement is carried out, with clear deadlines for refinancing, title transfers and retirement division orders. That follow-through protects you for years to come.
Christine A. Salamon
Managing Attorney Colorado Springs, CO Meet Christine
Chelsea Hillman
Associate Practice Manager Colorado Springs, CO Meet Chelsea
Jackie Collins
Senior Attorney Colorado Springs, CO Meet Jackie
Kresten Hendrix
Senior Attorney Colorado Springs, CO Meet Kresten
Johanna Hendley
Senior Attorney Colorado Springs, CO Meet Johanna
Bridgette Harrison
Senior Attorney Colorado Springs, CO Meet Bridgette
Conor Stewartson
Senior Attorney Colorado Springs, CO Meet Conor
Grace Fischer
Associate Attorney Colorado Springs, CO Meet Grace
Lauren Steiger
Associate Attorney Colorado Springs, CO Meet Lauren
Marissa Huntsman
Associate Attorney Colorado Springs, CO Meet Marissa
Kris Freeman
Licensed Legal Paraprofessional Colorado Springs, CO Meet Kris
Jennifer Wurtz
Licensed Legal Paraprofessional Colorado Springs, CO Meet Jennifer
Ashlyn Yoder
Licensed Legal Paraprofessional Colorado Springs, CO Meet Ashlyn
Caitlin Carey
Licensed Legal Paraprofessional Colorado Springs, CO Meet Caitlin
Sharon Nagata
Licensed Legal Paraprofessional Colorado Springs, CO Meet SharonProperty division has many parts, and no two cases are the same. You don't need to understand every detail, but the more you know, the easier the process will be.
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We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
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