Return to site

Marital Estate Division and You

If you and your spouse have been married for a significant length of time, you have probably accumulated a substantial amount of property and assets. Your marital estate started the day you married and continues until the marriage is terminated. Should you decide to get divorced, dividing such marital property can become incredibly complex, often leading to contentious courtroom battles. We realize the importance of identifying your marital estate and accurately valuing the same to ensuring an equitable property settlement.

Equitable Distribution

Unless stipulated otherwise in a valid prenuptial or postnuptial agreement, the law in Colorado requires that when a couple gets divorced, all marital assets and debts are to be divided between the parties in a manner that is equitable and just. Equitable is not the same as equal, so there is no guarantee that the marital estate will be split directly in half. Rather, the court will take into account a number of factors surrounding the marriage, including each party's contribution to the marital estate, their resources and needs, the existence of separate (non-marital) property and other statutory considerations to determine an allocation that is equitable for both spouses.

Identifying and Valuating the Marital Estate

Before the marital estate can be equitably divided, the court must establish and evaluate what property is subject to allocation. Under Colorado law, most property acquired by either spouse during the marriage considered marital property, with the exception of gifts, inheritances, and assets specified by a valid agreement. All other property, including that which was acquired before the marriage, is considered separate property and only the appreciation thereon is subject to division. Attorney Pesch is experienced in identifying and valuing assets to help you determine which assets are marital and which assets are separate property. Then, you can discuss with Susan how the court will likely allocate the assets. Discuss your best case scenario and your worse case scenario so that you can make an informed decision whether to reach an agreement or proceed to a Permanent Orders Hearing/Trial.

Our legal team can also assist you in evaluating your marital estate. Doing so may require the help of accountants, real estate professionals, tax professionals, business strategists and financial experts to ensure that each asset is properly considered. With our network of consultants and advisors, we can help you establish a fair value for your marital estate so that you can achieve an equitable outcome.

Finding the Help You Need

Attorney Susan Marie Pesch has been helping clients reach equitable property settlements in divorce for more than 25 years. She understands that a negotiated agreement is often preferable to a court-issued judgment. Attorney Pesch is prepared to advise you on your settlement options and to help negotiate a settlement efficiently and without prolonged litigation. If negotiations are not possible or if the process breaks down, she is also competent to zealously protect your interests through her experience as a courtroom litigator as well.

To learn more about marital estate division in Colorado, contact us today. Call 303-567-7922 for a confidential consultation with an experienced divorce attorney. Our firm is proud to serve the needs of clients throughout the Denver metro area including Denver County, Arapahoe County, Adams County, Douglas County, Jefferson County and Broomfield County.

All Posts

Almost done…

We just sent you an email. Please click the link in the email to confirm your subscription!