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.

About Eleanor Sharp
Eleanor Sharp is the author of AGSE Law. As a paralegal, she has worked with attorneys in many fields to ensure their clients get the best advice and representation. She is passionate about helping people understand the complexities of the legal system so they can make better decisions for themselves. Eleanor loves reading, travel, and spending time with her family. She hopes her articles will help others navigate life’s legal intricacies with confidence.