Understanding the Details of a Legal Separation in Colorado

Man and woman thinking about legal separation

A legal separation is an option for couples who don’t want to annul their marriage or get a divorce. One of the advantages of this alternative is that separation in Colorado enables you to finalize financial arrangements and child custody — if the couple has any. In this situation, the spouses remain married because of insurance, healthcare, and insurance just to name a few.

Decree of Legal Separation

A judge or a magistrate enters an order of a decree of legal separation after the legal process between separating spouses. This decree has similar effects as a decree of dissolution of marriage. The separation declares that spouses are separate individuals financially — on taxes, debts, and are not responsible for each other’s support. However, there are exceptions as ordered by a judge and the decree provided.

Separating couples fulfill similar service, filing requirements, and paperwork as they would if they were acquiring a decree of dissolution of marriage. Spouses can file for separation in Colorado Spring with a family law attorney.

Key Differences Between a Dissolution of Marriage

Despite similarities in procedures and some paperwork, there are still key differences between a decree of a dissolution of marriage and a separation, some of these include:

  • Couples that get a decree of legal separation cannot remarry since you’re technically still married. They can only remarry if they convert the separation into a dissolution of marriage.
  • Without a written agreement or an order that terminates property rights, couples that acquire a decree of separation maintain their inheritance right under the laws of Colorado.
  • Rules on social security provide separating spouses who were married for a decade or more have the right to receive retirement benefits based on the earning history of their spouse. A decree buys time for couples to satisfy the balance of the decade or so long entitlement.

These are the things you need to know about a decree of legal separation, based on these, you are able to make an informed decision whether to dissolve your marriage or pursue separation instead.