Colorado is not a community property state. Instead, it follows the principle of equitable distribution. This means that in a divorce, marital property is divided fairly and equitably, not necessarily equally. For example, if one spouse significantly contributed to the marital estate financially or as a homemaker, the court may award them a greater share of the assets. Separate property, such as assets acquired before the marriage or through inheritance or gift during the marriage, generally remains the property of the individual.
The equitable distribution system aims for a just and fair division of assets, considering the unique circumstances of each marriage. Factors considered by courts can include the length of the marriage, each spouse’s economic circumstances, contributions to the marriage (including homemaking and childcare), and any dissipation of assets. This differs significantly from community property states, where all assets acquired during the marriage are generally considered equally owned by both spouses regardless of individual contribution.