In Colorado, folks who are married and decide they no longer want to be together have three choices:  separation, legal separation, and divorce.

In a simple separation, the parties go their separate ways with or without a written separation agreement.  They are still married.  They can’t get married again until they are divorced.  They are still subject to the laws of marital property.  Absent a well-crafted separation agreement, any income they receive during the separation will be considered marital property and will be split accordingly in any subsequent court action for divorce or legal separation.  There are exceptions to this rule that are beyond the scope of this article.  If you receive income or acquire property during a simple separation, the assumption that “what’s mine is mine and what’s yours is yours” could be disastrous.

 A “legal separation” involves a court proceeding and a court order.  In fact, a legal separation involves almost the same legal principles and paperwork as a divorce.  Division of property, maintenance (alimony), child support, and parenting time (visitation) will be addressed in the Court’s order.  Six months after the Judge enters the order of legal separation, either party may file a motion requesting that the legal separation be turned into a divorce.  The motion will be automatically granted.  If neither party wants a divorce, the legal separation can proceed indefinitely.  If you have a legal separation, you are still married.   You can’t get married again until you are divorced.   Some folks prefer legal separation to divorce for religious or ethical reasons.  There can be other benefits to a legal separation as opposed to a divorce.  For example, a spouse may be able to stay covered on the other spouse’s health insurance policy or may be able to own a life insurance policy on the other spouse.  If you are legally separated, the marital property laws no longer affect you.  The income you receive or property you acquire during a legal separation really is all yours.

Divorce (dissolution of marriage) is the most popular choice when folks part ways.  The couple’s financial and parenting issues are resolved, the parties are free to remarry, and the parties are no longer affected by the marital property laws.   You need to be separated if you are getting a divorce.  “Separated “ in this context means no longer living together as man and wife.  Interestingly enough, you can still be living in the same house and be separated for purposes of getting a divorce.  But a Judge will not grant a divorce if it is just a sham and the parties will still live together as man and wife.

 Remember:  you may not understand the law; you may not like it, and you may not think it's fair - but it’s the law!


Chris Meyer is an attorney practicing family law in Monument and serves all of Northern El Paso County.  Chris has been practicing law since 1977.   He is a former prosecutor and he is licensed to practice law in Colorado, Florida, California and Wisconsin.

     For more on divorce in Colorado, visit Chris's blog, It's the Law!.