Colorado Divorce Property Division

System
Equitable Distribution
Default Split
50 / 50
Governing Statute
Colo. Rev. Stat. §14-10-113

What the Law Says

Colorado courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. The statute lists specific factors the court must weigh.

Colorado courts divide marital property equitably, weighing each spouse's contribution, economic circumstances, and the value of property set apart to each. The goal is a fair, not necessarily equal, division.

Statutory Factors (Colo. Rev. Stat. §14-10-113)

Colorado courts are required to consider:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Common Questions

Colorado: community property or equitable distribution?

Equitable distribution. Under Colo. Rev. Stat. §14-10-113, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.

What factors does a Colorado court weigh?

Colo. Rev. Stat. §14-10-113 lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.

Does Colorado split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Colorado's equitable distribution rules on your actual assets and debts.

Try the Calculator

Source: Colo. Rev. Stat. §14-10-113 AI draft · Full law library entry