W.M.W. (Husband) and K.C.W. (Wife) filed for divorce. They could not agree on how their marital property should be divided and how much spousal maintenance (support) should be paid. After a permanent orders hearing, the Colorado district court judge
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Pledging Separate Property as Collateral to Purchase a Marital Asset Does Not Convert the Separate Property Into Marital Property
A.C. (Wife) and N.C. (Husband) signed a prenuptial agreement–also referred to as a martial agreement–before they were married in 2010. The agreement identified their separate property–the property that each had acquired before their marriage–which included some land…
The Importance of Distinguishing Between Depreciation and Accelerated Depreciation When Calculating Rental Income for Spousal Maintenance and Child Support in Colorado
I previously wrote here about the dissolution of marriage case between S.L.S. (Wife) and T.J.D. (Husband) and Wife’s appeal of the district court judge’s spousal maintenance and child support awards. In that case, the Colorado Court of Appeals held that…
Unrealized Capital Gains In An Investment Account Are Not Income For Maintenance and Child Support Purposes in Colorado
S.L.S. (Wife) and T.J.D. (Husband) were married for 15 years. During their marriage, Wife and Husband agreed that Wife would stay home and care for their four children while several businesses that Husband owned would be the primary source of…
The Case of the Discretionary Bonus Awarded Several Weeks After a Permanent Orders Hearing
B.O.T. (Husband) and C.M.T. (Wife) had been married for 12 years when they decided to end their marriage. Their dissolution of marriage case filed in Colorado’s Jefferson County District Court seemed to be moving smoothly towards resolution until they hit…
The Case of the Undisclosed Construction Business Resulting in the Reallocation of a Marital Asset
K.E. (Husband) and D.E. (Wife)’s divorce appeared to be concluded in 2013 when a Colorado district court entered a decree dissolving their 15-year marriage. As part of their divorce case, the district court approved K.E. and D.E.’s separation agreement and…
The Case of the One-Sided, Purported Same-Sex Common Law Marriage that Was Not Recognized Under Colorado Law
E.H. and M.N. were same-sex partners from November 2001 to November 2014. Although they never formally married–even after October 2014, when Colorado recognized same-sex marriages before the U.S. Supreme Court did in 2015 with its Obergefell v. Hodges decision–they filed…
The Case of the Same-Sex Common Law Marriage that Was Recognized Under Colorado Law
On November 30, 2003, same-sex partners T.P. and D.L. held a ceremony before family and friends where they exchanged vows and rings. Approximately 15 years later, T.P. and D.L. ended their relationship.
T.P. filed a divorce petition in the Jefferson…
The Case of the Unenforceable Oral Marital Agreement
D.Z. (Wife) and J.Z. (Husband) married in 2001. At the time of their marriage, Wife and Husband each had separate retirement accounts. They also each received separate inheritances during their marriage.
Wife filed for divorce in 2016, and the district…
The Case of the Interspousal Transfer Deed that Failed as a Written Marital Agreement
J.A.B. (Husband) married Q.H. (Wife) in September 2015 in Colorado. Husband and Wife separated in November 2016, and Husband filed for divorce in Colorado’s Jefferson County District Court in December 2016.
While Husband and Wife were able to resolve most…