Divorce or Separation in Colorado

Get organized — document everything

Assemble all financial records: tax returns (last 3-5 years), bank and brokerage statements, retirement account statements, pay stubs, credit card statements, loan documents, insurance policies, and property deeds. Make copies. If divorce is likely, open individual bank accounts and credit cards in your name only.

Understand your state's property division rules

In community property states (CA, TX, AZ, NM, LA, NV, WA, ID, WI), assets and debts acquired during marriage are generally split 50/50. In equitable distribution states (most others), division is 'fair' but not necessarily equal. Separate property (owned before marriage, gifts, inheritances) is usually not divided. A prenup or postnup can override state defaults.

Assess retirement account division (QDRO)

401(k)s, pensions, and other employer plans require a Qualified Domestic Relations Order (QDRO) to divide without triggering taxes or penalties. The QDRO is a separate legal document signed by the judge and the plan administrator. IRAs can be divided under a divorce decree without a QDRO but must be done as a trustee-to-trustee transfer to avoid tax consequences.

Evaluate the house decision carefully

The spouse keeping the house must be able to afford the mortgage, property taxes, insurance, and maintenance on a single income. Consider: can you refinance into your name only? What's the cost basis and potential capital gains if sold? If selling, understand the $250,000 capital gains exclusion ($500,000 MFJ — you may lose the larger exclusion post-divorce).

Plan for alimony/spousal support taxes

For divorce agreements executed after December 31, 2018, alimony is NOT tax-deductible for the payer and NOT taxable income for the recipient (TCJA change). For pre-2019 agreements, the old rules still apply unless modified to adopt the new treatment. Child support is never deductible and never taxable.

Update your estate plan

Revoke your will (or create a new one). Update beneficiary designations on ALL accounts — 401(k), IRA, life insurance, and POD/TOD accounts. In most states, a divorce automatically revokes a spouse as beneficiary, but don't count on it. Update healthcare proxy and durable power of attorney.

Review and update insurance

Health insurance: If you were on a spouse's employer plan, you have 60 days (COBRA) or a special enrollment period for marketplace coverage. Life insurance: If you're paying alimony or child support, maintain coverage naming the appropriate beneficiaries. Auto/home insurance: Separate policies after the divorce is finalized.

Build your post-divorce budget

Your expenses will change. Create a new budget based on your single income, new housing costs, and any support payments (received or paid). Account for the loss of economies of scale — running a single household costs more per person than a shared one.