By Michelle L. Searcy
Colorado law requires the court to “divide the marital property, without regard to marital misconduct, in such proportions as the court deems just, after considering all relevant factors…” §14-10-113(1), C.R.S. People commonly refer to this provision as “no fault.” While it seems a simple concept, parties are often unaware of their own attempts to inject fault in a property division. Most folks understand that the court is not concerned with who cheated or who decided to end the relationship, but there are other issues that may come up in a divorce where the parties may want to argue that the property division should favor them due to the acts of the other party.
One of the relevant statutory facts concerns “the contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker.” §14-10-113(1)(a), C.R.S. The first aspect of this factor that one must consider is the contribution language. I often hear how one party’s retirement should be theirs alone because they put in the work that allowed the retirement to grow. However, by statutory definition, the retirement is included as marital property because it is acquired during the marriage. §14-10-113(2), C.R.S. Continue reading