Colorado Marital Settlement Agreement
A Colorado marital settlement agreement lets divorcing spouses divide their marital property equitably, set spousal maintenance, and address custody and child support, then have those terms set forth in the divorce decree. Attorney review available.
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Introduction
In Colorado, an equitable-distribution rather than community-property state where the court divides marital property in such proportions as it deems just, not in an automatic 50/50 split (C.R.S. 14-10-113), a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be set forth in the decree that ends the marriage. In Colorado this contract is the separation agreement described in C.R.S. 14-10-112, and its terms other than those for children are binding on the court unless the court finds the agreement unconscionable. Colorado is an equitable-distribution state, not a community property state: the court sets apart to each spouse that spouse's separate property, then divides the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors (C.R.S. 14-10-113). Equitable means fair, not automatically a 50/50 split. Colorado does have an advisory spousal maintenance guideline (C.R.S. 14-10-114); when the marriage is at least three years and the parties' combined annual adjusted gross income is $240,000 or less, the advisory amount is forty percent of their combined monthly adjusted gross income minus the lower-income party's monthly adjusted gross income. That guideline is advisory only and does not create a presumptive amount or term. Custody, parenting time, and child support follow the statewide child support guideline (C.R.S. 14-10-115), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once approved, the terms are set forth in the decree, and no decree can enter until at least 91 days after the court acquires jurisdiction over the respondent (C.R.S. 14-10-106). DocDraft builds your Colorado marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Colorado, where the marital settlement agreement is the separation agreement described in C.R.S. 14-10-112 and binds the court unless it is unconscionable, it is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be set forth in the decree that ends the marriage.
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In Colorado the marital settlement agreement is the separation agreement described in C.R.S. 14-10-112. Its terms other than those for children are binding on the court unless the court finds the agreement unconscionable, which gives spouses real control over the outcome.
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Colorado is an equitable-distribution state, not a community property state. The court sets apart to each spouse that spouse's separate property, then divides the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors (C.R.S. 14-10-113).
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Equitable means fair, not necessarily equal, so a Colorado marital settlement agreement can set a division you both accept, for example one spouse keeping the home while the other keeps retirement funds of similar value, rather than a strict 50/50 split.
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Colorado has an advisory spousal maintenance guideline (C.R.S. 14-10-114). When the marriage is at least three years and the parties' combined annual adjusted gross income is $240,000 or less, the advisory amount is forty percent of their combined monthly adjusted gross income minus the lower-income party's monthly adjusted gross income. The guideline is advisory only and does not create a presumptive amount or term; the court weighs the statutory factors.
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Child support follows Colorado's statewide guideline as a rebuttable presumption (C.R.S. 14-10-115). Custody, parenting time, and child support are not binding on the court, stay subject to court approval, and remain modifiable in the best interests of the children, so they cannot be bargained away.
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Once the court approves the agreement, its terms are set forth in the decree and enforceable by the remedies for a judgment, including contempt. No decree can enter until at least 91 days have passed since the court acquired jurisdiction over the respondent (C.R.S. 14-10-106). The agreement must be in writing and signed by both spouses; no statute requires it to be notarized.
Key decisions before you file
Before you file a Marital Settlement Agreement in Colorado, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Colorado Requirements for Marital Settlement Agreement
Equitable Distribution, Not Community Property
Colorado is an equitable-distribution state. The court sets apart to each spouse that spouse separate property, then divides the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors (C.R.S. 14-10-113).
Fair, Not Necessarily Equal
Equitable means fair, not automatically a 50/50 split. A Colorado marital settlement agreement lets the spouses agree on a division that fits their situation, for example one spouse keeping the home while the other keeps retirement funds of similar value.
Advisory Maintenance Guideline
Colorado has an advisory maintenance guideline (C.R.S. 14-10-114). When the marriage is at least three years and combined annual adjusted gross income is 240000 dollars or less, the advisory amount is forty percent of combined monthly adjusted gross income minus the lower income party monthly adjusted gross income. It is advisory only and creates no presumptive amount or term.
Child Support Follows the Guideline
Child support follows the Colorado statewide guideline as a rebuttable presumption (C.R.S. 14-10-115). The parties may agree on an amount, but only subject to the guideline and to court approval. Child support cannot be bargained away.
Terms for Children Stay Modifiable
Custody, parenting time, and child support in a Colorado marital settlement agreement are not binding on the court, remain subject to court approval, and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A Colorado marital settlement agreement must be in writing and signed by both spouses (C.R.S. 14-10-112). No statute we located requires it to be notarized, but signing before a notary can help prove the signatures are genuine.
Binding on the Court Unless Unconscionable
Under C.R.S. 14-10-112 the terms of the agreement, other than terms for the children, are binding on the court unless it finds the agreement unconscionable. Unless the agreement provides otherwise, its terms are set forth in the decree of dissolution.
91 Day Waiting Period
No decree of dissolution can enter until at least 91 days after the court acquires jurisdiction over the respondent, whether by service of process or by the respondent joining the petition or appearing (C.R.S. 14-10-106).