Colorado is not strictly a 50/50 divorce state regarding the division of marital property. Instead, Colorado operates under the principle of equitable distribution. This means that marital assets are divided fairly and justly, which may not always result in an equal, or 50/50 split. Factors considered in determining a fair division include each spouse’s contributions to the marriage, the value of separate property, and the economic circumstances of each party.
The equitable distribution model recognizes that contributions to a marriage are not always financial. For instance, one spouse may have primarily focused on raising children or maintaining the household while the other pursued career advancement. The law acknowledges these non-monetary contributions as equally valuable. This approach aims to provide a resolution that addresses the specific needs and circumstances of each divorcing party, acknowledging potential disparities in earning capacity or future financial security. The historical context of equitable distribution stems from a shift away from common law property principles, which often favored the financially dominant spouse.
