Legal Separation Versus Divorce in Colorado

Do you feel that your marriage has run its course? If so, you have a decision to make. Many assume divorce is their only option, but this is not true. In Colorado, legal separation allows spouses to live apart while retaining some key benefits of marriage. If you’re staying in an unhappy marriage, keep reading. Knowing the difference between a legal separation and divorce in Colorado can help you make the best decision possible for your family and financial situation.

Separation vs Divorce 

What is Legal Separation in Colorado? 

A legal separation is a court-ordered arrangement where a married couple lives apart but remains legally married. You sever all but one thin line binding you and your spouse. While you remain married, you’ll reside in different homes, keep separate bank accounts, and lead independent lives.

You may have “separated” from your spouse when you decided to end the relationship. However, just living apart does not constitute a legal separation.Colorado will not recognize your separation without a court order.

A divorce legally ends a marriage.

Both legal separation and divorce involve the division of the marital estate, and the allocation of parental responsibilities. You’ll split up assets and debts, determine spousal and child support, and make decisions on parenting time. However, that’s where the similarities end.

The Differences 

First, legally separated spouses cannot remarry. If either spouse wishes to remarry, they must finalize the divorce from their previous partner. It’s important to remember that being married to two people at once is a crime. If you plan to remarry after ending your marital relationship, you’ll need a divorce.

When you divorce, you give up the right to inherit from your spouse if he or she dies before you. Legally separated spouses still have inheritance rights if the other spouse dies.

In Colorado, the only grounds for divorce is that the marriage is irretrievably broken. Accordingly, it only takes one of you to decide to get divorced. However, both parties must agree to a legal separation.

The Benefits of Legal Separation in Colorado 

Ending a marriage is a huge decision, and deciding how to end that marriage is incredibly personal. Notably, a legal separation can be converted to a divorce once six months have passed from the date of the decree of separation. Your circumstances may make a legal separation appropriate for now, but circumstances may change in the future. Reasons a person may choose a legal separation vs. divorce include:

Religious Concerns 

Religious beliefs often shape personal choices, and many faiths frown upon or even forbid divorce. Legal separation allows couples to move on and live separate lives while still respecting their religious convictions about marriage. Legal separation also preserves the small chance that, perhaps one day, the spouses will reconcile and live together again.

Health Insurance Coverage 

Legal separation may allow one spouse to stay on the other’s healthcare plan, depending on the provider’s rules. However, the spouse providing the insurance will continue paying a higher premium to keep the other covered.

Tax Benefits 

If you’re legally separated, the Internal Revenue Service (IRS) will still count you as married for tax purposes. You can file your taxes jointly, though living apart, or as married filing separately.

The Process of Obtaining Legal Separation 

The process for legal separation is very similar to divorce. Remember, however, the one key difference: Both you and your spouse must agree to legally separate.

Once you’re both in agreement, the process is straightforward enough:

• First, you and your spouse file a Petition for Legal Separation, with or without children. As Colorado is a no-fault state, neither side needs to prove wrongdoing by the other. The only grounds for the separation is that the marriage is irretrievably broken.
• Next, you’ll each go through the process of disclosing financial information, and you’ll go to mediation if you cannot reach agreements on your own. If you still don’t reach agreements on dividing property and debt, spousal support, child support, or other parenting issues, you’ll have a Final Orders Hearing. More information on each of these steps can be found in other articles on this website.
• Finally, your legal separation will be approved through a court order.

Once at least six months have passed, either of you can choose to convert the separation into divorce. Remember: only one of you has to decide you want a divorce.

Separation Before Divorce? 

People often wonder: Do you have to be separated before divorce in Colorado?

No. In Colorado, couples don’t need to be separated– legally or otherwise– before filing for divorce. Given the rising cost of housing in Colorado, many  start the process while still living together.

If tensions are high, you can consider moving out of the marital home. However, doing so could impact other issues in the divorce or separation.

One More Option: Annulment 

Annulment is a third way to end an unworkable marriage, however, its use is reserved for specific situations. You must be able to show that the marriage was never valid in the first place, due to:

• Questionable or insufficient consent
• Inability to consummate
• Fraud
• Duress, or
• a prank or dare

Getting Separated or Divorced? Get an Attorney 

No matter how you do it, ending a marriage is a pivotal life decision. You are making a decision that will change your life. Whether that change results in a better life or a worse one can depend on your choice of lawyer. Robinson & Henry has some of the best and most experienced family law attorneys in Colorado. We can help get you through this time without drama, excessive expense, or increased family turmoil. Call 303-688-0944 for your initial case assessment.