Dividing Marital Property in Colorado Divorce
In this short lesson from Divorce at Altitude, Ryan Kalamaya explains how Colorado courts define “property” and how marital property is divided in a divorce. Using the podcast’s fictional couple Eric Wolf and Melanie Wolf, he walks through what counts as a marital asset, what does not count, and how judges and attorneys typically structure property division.
Ryan clarifies that some things people assume are property—like professional degrees—generally are not, while others—like business goodwill, pensions, military retirement pay, and certain legal claims—may be treated as property interests. He also explains the practical reality of division: courts don’t “split everything in half,” but instead use offsets (often with spreadsheets) so one spouse may keep an asset like a business while the other receives a different asset of comparable value. Finally, he reinforces that Colorado divides marital property equitably, which does not always mean equally.
Episode Outline
Related Lessons to Watch First
Marital vs. separate property and the Eric/Melanie Wolf overview episode.
What Counts as “Property” in Colorado?
How Colorado law distinguishes between property and income.
What Is Not Property
Why professional licenses and degrees (JD, MD, teaching license) aren’t divisible property.
Business Goodwill
How goodwill/brand value can be included as marital property.
Benefits and Retirement
Why Social Security generally isn’t divisible, but pensions and military retirement pay can be.
Other Potential Property Interests
Examples like contingent legal fees and certain personal injury claims.
Pets and Animals
How the law can be less settled and fact-specific in pet-related disputes.
How Marital Property Is Actually Divided
The “three-basket” concept: the marital pot, then dividing assets into each spouse’s column.
Offsets and Spreadsheets
Why courts don’t literally divide assets (e.g., houses) and instead use equalizing offsets.
Equitable vs. Equal
The key takeaway: Colorado requires a fair division, not necessarily a 50/50 split.
What is Divorce at Altitude?
Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.
To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.
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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.
