What Is a Non-Working Spouse Entitled to During a Divorce In Colorado?

A divorce is never an easy process, either emotionally, financially, or legally, but when one spouse has dropped out of the workforce for a significant period, it becomes especially challenging. Many families with children determine that one spouse should remain at home as the primary caregiver, requiring that spouse to put their career goals on hold. In other cases, one spouse may be unable to work due to a medical condition or an adverse mental health condition. In these situations, many divorcing spouses in Colorado ask, “What is a non-working spouse entitled to during a divorce?”

Understanding Colorado’s Requirement for the Division of Marital Assets

Colorado family courts require divorcing spouses to divide their marital assets in a way that’s “fair and equitable” if not precisely 50/50. They may retain separate assets, such as property and accounts that belonged to them before the marriage and any inheritance or gifts given solely to them during the marriage. All other assets acquired during the marriage belong to the marital pool, and the law requires a fair division. This is accomplished either through negotiations and mediations ending with a settlement agreement, or by presenting disputes in court for a judge to decide.

Even if one spouse was the primary provider or sole provider during the marriage, all marital assets belong equally to both spouses. When one spouse leaves the workforce to maintain the home and care for children, it allows the other spouse to focus on their career advancement and earnings, meaning both spouses participate in the family earnings even if only one spouse works outside the home. In some cases, a non-working spouse’s share of the marital assets may be enough to provide for them after the divorce.

Is a Non-Working Spouse Entitled to Alimony In Colorado?

In Colorado divorces, no spouse is automatically entitled to alimony. Unlike the child support obligation, spousal support after divorce is decided on an individual basis by the court based on the unique circumstances of the marriage. In many cases, a judge will decline to award a non-working spouse alimony if they have significant separate assets or their share of the marital assets is enough to support them in the manner of living they enjoyed during the marriage.

When Is a Judge Likely to Award Alimony to a Non-Working Spouse In a Colorado Divorce?

Many non-working spouses receive spousal support (alimony) after a divorce either through a settlement agreement or by a judge’s court order. A judge is likely to award alimony to a non-working spouse under the following conditions:

• If the non-working spouse faces a significant decline in their accustomed style of living or financial hardship after the divorce, despite their share of the marital assets and any separate assets
• If the non-working spouse left the workforce to care for the children and the home
• If the non-working spouse supported the other spouse’s education and career advancement to the detriment of their own career
• If they have small children still at home
• If they have aged out of the workforce
• If the non-working spouse has a medical condition or disability that prevents them from working

In most cases, spousal support orders have a pre-determined span, often about half of the length of the marriage or enough time to allow the non-working spouse to increase their education, find suitable employment, or become self-sufficient. Reach out to our Fort Collins divorce attorney at The Law Offices of Stephen Vertucci if you need help in negotiation dividing assets.