Asset Division Attorneys in Denver, Colorado

Dividing property during a divorce is never just about assets—it’s about your future, your stability, and your peace of mind. The emotional and financial toll of ending a marriage can be overwhelming, especially when questions of fairness and long-term security come into play. 

In Colorado, asset division follows the principle of equitable distribution, which means property must be divided fairly, though not always equally. This process can be particularly complicated and stressful, especially without knowledgeable legal support.

At Anderson Graham, LLC, we understand the challenges our Colorado clients face, and our firm is committed to offering compassionate, strategic legal guidance to help you move forward with clarity and confidence. Our attorneys serve communities throughout Denver, Lakewood, South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge. 

Whether you’re facing a complicated property division or looking for an advocate who understands your specific needs, our firm is here to help you protect what matters most. Contact us today to schedule a consultation.

How Colorado Defines Marital and Separate Property

In Colorado, courts distinguish between marital property and separate property when considering asset division. Marital property typically includes assets acquired during the marriage, regardless of whose name is on the title. 

This may include real estate, retirement accounts, vehicles, and even debts. Separate property, on the other hand, consists of assets owned before the marriage, gifts received by one spouse, or inheritances.

During asset division, the court generally only divides marital property. However, separate property can sometimes become marital property if it's commingled. For example, if one spouse inherits money but places it into a joint bank account, the funds may lose their separate character. 

At Anderson Graham, LLC, we work with clients to identify what is marital and what remains separate so the process is fair and consistent with Colorado law.

Factors Courts Consider in Asset Division

When addressing asset division, Colorado courts examine several factors that go beyond simply splitting property down the middle. Some of these include:

• Each spouse’s contribution to acquiring marital property.
  

• The value of property set apart to each spouse.
  

• The economic circumstances of each party at the time of divorce.
  

• Whether the property division should allow one spouse to continue living in the marital home, particularly if minor children are involved.
  

• Any increase or decrease in the value of separate property during the marriage.

These factors show that asset division in Colorado isn't purely mathematical. Courts look at the larger picture to reach a fair outcome.

The Treatment of Debts in Asset Division

While many people think of asset division as only involving houses, cars, and retirement accounts, debts are also a significant part of the process. 

Credit card balances, mortgages, and loans taken during the marriage are considered marital obligations if they were used for the benefit of the household. Courts in Colorado divide these debts in the same equitable manner as assets.

At Anderson Graham, LLC, we emphasize that clients need to be aware of how debt division works so they aren't surprised by responsibility for obligations they may not have personally created.

Valuation of Assets

One of the most challenging aspects of asset division is determining the value of marital property. Colorado courts require accurate valuations, whether for real estate, business interests, retirement accounts, or personal property.

The value of an asset at the time of divorce is often what matters, though some assets, like pensions, may require actuarial calculations.

We often work with appraisers, financial professionals, and other specialists to confirm property is valued fairly. Accurate valuation is a cornerstone of proper asset division, as it affects every decision the court makes regarding the final property split.

Asset Division in High Net Worth Cases

In divorces involving significant wealth, asset division becomes even more critical. High net worth cases may involve multiple homes, investment accounts, business ownership, or valuable collections. 

Colorado courts apply the same equitable distribution principles, but the process can take more time due to the number of assets and the need for specialized valuations.

At Anderson Graham, LLC, we understand that clients in these cases often worry about protecting both personal and business interests. Asset division requires careful planning to safeguard financial stability while complying with Colorado law.

Retirement Accounts and Pensions

In Colorado, retirement accounts, pensions, and other deferred compensation plans earned during the marriage are considered marital property. Even if only one spouse contributed to the account, both may have a right to a share when dividing assets.

Dividing retirement assets often requires a Qualified Domestic Relations Order (QDRO). This allows funds to be divided without triggering tax penalties. At Anderson Graham, LLC, we help clients work through these issues so they don't face unintended financial consequences.

Real Estate and the Marital Home

The marital home is often one of the most contested assets in a divorce. Colorado courts consider several factors when determining who, if anyone, will remain in the home. 

If children are involved, the court may award the home to the parent who will have primary custody. Alternatively, the court may order the property sold, with the proceeds divided between the spouses.

Because real estate often represents both financial and emotional value, it plays a central role in asset division. We focus on protecting our clients’ interests in real estate and helping them reach a resolution that supports their long-term needs.

Business Ownership and Asset Division

When one or both spouses own a business, asset division can become more complicated. The business must be valued, and the court must decide whether it's marital property or separate property. If the business was started or significantly increased in value during the marriage, it's typically considered marital property.

Colorado courts may award the business to one spouse and offset the value with other marital assets to keep the business operational. This allows continuity while still providing the other spouse with a fair share of the marital estate. 

At Anderson Graham, LLC, we understand the importance of preserving businesses while promoting equitable asset division.

How Asset Division Interacts With Spousal Maintenance

In Colorado, spousal maintenance—commonly referred to as alimony—can influence asset division. Courts may consider the assets each spouse receives when determining whether spousal maintenance is necessary. For instance, if one spouse is awarded significant assets, the court may reduce or eliminate maintenance obligations.

We often advise clients on how asset division and maintenance awards interact, helping them understand how decisions in one area affect the other.

The Importance of Full Financial Disclosure

Asset division requires complete transparency. Colorado law requires both spouses to disclose all assets, debts, income, and expenses. Failure to disclose information can lead to serious consequences, including court sanctions or reopening of the divorce settlement.

At Anderson Graham, LLC, we stress the importance of honesty in the disclosure process. Complete transparency not only protects clients but also allows asset division to proceed more efficiently and fairly.

Common Issues That Arise in Asset Division

While every case is unique, certain issues tend to come up frequently in Colorado asset division cases:

• Disputes about whether an asset is marital or separate property.
  

• Disagreements over the valuation of real estate or businesses.
  

• Hidden assets or failure to disclose financial accounts.
  

• Emotional conflicts regarding the marital home.
  

• Division of retirement accounts without proper legal orders.

These issues highlight the importance of preparing thoroughly for asset division and working with legal counsel who understands Colorado divorce law.

Asset Division Lawyers Serving Denver, Colorado

At Anderson Graham, LLC, we’re committed to guiding you through divorce and property division with clarity and compassion. Based in Denver, Colorado, we proudly serve clients in Lakewood, South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge. Contact our firm today to schedule a consultation.