In dissolution of marriage proceedings, some jurisdictions adhere to a community property model, mandating an equal division of assets acquired during the marriage. Colorado, however, follows a principle of equitable distribution. This means the division of marital property and debt should be fair, but not necessarily equal. Several factors influence what constitutes a fair distribution, assessed on a case-by-case basis. For example, if one spouse significantly contributed to the appreciation of separate property belonging to the other, this may be considered.
The concept of equitable distribution recognizes that financial and non-financial contributions made by each party during the marriage hold value. A stay-at-home parent, for instance, makes substantial non-financial contributions to the family’s well-being, which indirectly supports the other spouse’s career advancement. This contribution is factored into the property division. Similarly, marital misconduct is generally not considered when dividing assets, unless it resulted in the dissipation of marital funds.
