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State Statutory Resources
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Divorce Law
14-10-106. Dissolution of marriage - legal
separation.
(1) (a) The district court shall enter a decree of dissolution of marriage
when:
(I) The court finds that one of the parties has been domiciled in this state
for ninety days next preceding the commencement of the proceeding;
(II) The court finds that the marriage is irretrievably broken; and
(III) The court finds that ninety days or more have elapsed since it
acquired jurisdiction over the respondent either as the result of process
pursuant to rule 4 of the Colorado rules of civil procedure or as the result
of the act of the respondent in joining as copetitioner in the petition or
in entering an appearance in any other manner.
(b) In connection with every decree of dissolution of marriage and to the
extent of its jurisdiction to do so, the court shall consider, approve, or
allocate parental responsibilities with respect to any child of the
marriage, the support of any child of the marriage who is entitled to
support, the maintenance of either spouse, and the disposition of property;
but the entry of a decree with respect to parental responsibilities,
support, maintenance, or disposition of property may be deferred by the
court until a time subsequent to the decree of dissolution of marriage upon
a finding that such deferral is necessary in the best interests of the
parties.
(c) In a proceeding to dissolve a marriage or in a proceeding for legal
separation or in a proceeding for declaration of invalidity, the court is
deemed to have made an adjudication of the parentage of a child of the
marriage if the court acts under circumstances that satisfy the
jurisdictional requirements of section 14-5-201 and the final order:
(I) Expressly identifies a child as a "child of the marriage", "issue of the
marriage", or similar words indicating that the husband is the father of the
child; or
(II) Provides for support of the child by the husband unless paternity is
specifically disclaimed in the order.
(d) Paternity is not adjudicated for a child not mentioned in the final
order.
(2) If a party requests a decree of legal separation rather than a decree of
dissolution of marriage, the court shall grant the decree in that form
unless the other party objects.
Source: L. 71: R&RE, p. 521, § 1. C.R.S. 1963: § 46-1-6. L. 73: p. 552, § 2.
L. 77: (1)(a)(I) and (1)(a)(II) amended and (1)(a)(III) added, p. 823, § 1,
effective June 1. L. 98: (1)(b) amended, p. 1395, § 34, effective February
1, 1999. L. 2003: (1)(c) and (1)(d) added, p. 1264, § 50, effective July 1.
14-10-110. Irretrievable breakdown.
(1) If both of the parties by petition or otherwise have stated under oath
or affirmation that the marriage is irretrievably broken or one of the
parties has so stated and the other has not denied it, there is a
presumption of such fact, and, unless controverted by evidence, the court
shall, after hearing, make a finding that the marriage is irretrievably
broken.
(2) If one of the parties has denied under oath or affirmation that the
marriage is irretrievably broken, the court shall consider all relevant
factors, including the circumstances that gave rise to the filing of the
petition and the prospect of reconciliation, and shall:
(a) Make a finding whether the marriage is irretrievably broken; or
(b) Continue the matter for further hearing not less than thirty days nor
more than sixty days later, or as soon thereafter as the matter may be
reached on the court's calendar, and may suggest to the parties that they
seek counseling. At the adjourned hearing, the court shall make a finding
whether the marriage is irretrievably broken.
Source: L. 71: R&RE, p. 523, § 1. C.R.S. 1963: § 46-1-10.
...For further information, please refer to the Colorado Revised Statues -
Title 14
See Colorado Divorce Handbook
written by a Colorado Attorney.
Frequently Asked Questions about Dissolution of Marriage/Divorce
Divorce (Dissolution of Marriage) and
Custody in Colorado
Marital Separation Agreements Explained
Marriage and Living Together Law
Colorado
Marriage License Law
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Child Support
14-10-115. Child support - guidelines -
schedule of basic child support obligations. (abbreviated)
(1) In a proceeding for dissolution of marriage, legal separation,
maintenance, or child support, the court may order either or both parents
owing a duty of support to a child of the marriage to pay an amount
reasonable or necessary for the child's support and may order an amount
determined to be reasonable under the circumstances for a time period that
occurred after the date of the parties' physical separation or the filing of
the petition or service upon the respondent, whichever date is latest, and
prior to the entry of the support order, without regard to marital
misconduct, after considering all relevant factors including:
(a) The financial resources of the child;
(b) The financial resources of the custodial parent;
(c) The standard of living the child would have enjoyed had the marriage not
been dissolved;
(d) The physical and emotional condition of the child and his educational
needs; and
(e) The financial resources and needs of the noncustodial parent.
(1.5) (a) For child support orders entered prior to July 1, 1997, unless a
court finds that a child is otherwise emancipated, emancipation occurs and
child support terminates when the child attains nineteen years of age unless
one or more of the following conditions exist:
(I) The parties agree otherwise in a written stipulation after July 1, 1991.
(II) If the child is mentally or physically disabled, the court or the
delegate child support enforcement unit may order child support, including
payments for medical expenses or insurance or both, to continue beyond the
age of nineteen.
(III) If the child is still in high school or an equivalent program, support
continues until the end of the month following graduation, unless there is
an order for postsecondary education, in which case support continues
through postsecondary education as provided in subparagraph (I) of paragraph
(b) of this subsection (1.5). A child who ceases to attend high school prior
to graduation and later reenrolls is entitled to support upon reenrollment
and until the end of the month following graduation, but not beyond age
twenty-one.
(b) (I) If the court finds that it is appropriate for the parents to
contribute to the costs of a program of postsecondary education, then the
court shall terminate child support and enter an order requiring both
parents to contribute a sum determined to be reasonable for the education
expenses of the child, taking into account the resources of each parent and
the child. In determining the amount of each parent's contribution to the
costs of a program of postsecondary education for a child, the court shall
be limited to an amount not to exceed the amount listed under the schedule
of basic child support obligations in paragraph (b) of subsection (10) of
this section for the number of children receiving postsecondary education.
The amount of contribution which each parent is ordered to pay pursuant to
this paragraph (b) shall be subtracted from the amount of each parent's
gross income, respectively, prior to calculating the basic child support
obligation for any remaining children pursuant to subsection (10) of this
section. In no case shall the court issue orders providing for both child
support and postsecondary education to be paid for the same time period for
the same child regardless of the age of the child. Either parent or the
child may move for such an order at any time before the child attains the
age of twenty-one years. Either a child seeking an order for postsecondary
education expenses or on whose behalf postsecondary education expenses are
sought, or the parent from whom the payment of postsecondary education
expenses are sought, may request that the court order the child and such
parent to seek mediation prior to a hearing on the issue of postsecondary
education expenses. Mediation services shall be provided in accordance with
section 13-22-305, C.R.S. The court may order the parties to seek mediation
if the court finds that mediation is appropriate. Postsecondary education
includes college and vocational education programs. If such an order is
entered, the parents shall contribute to the total sum determined by the
court in proportion to their adjusted gross incomes as defined in
subparagraph (II) of paragraph (a) of subsection (10) of this section. The
order for postsecondary education support may not extend beyond the earlier
of the child's twenty-first birthday or the completion of an undergraduate
degree. The court may order the support paid directly to the educational
institution, to the child, or in such other fashion as is appropriate to
support the education of the child. If the child resides in the home of one
parent while attending school or during periods of time in excess of thirty
days when school is not in session, the court may order payments from one
parent to the other for room and board until the child attains the age of
nineteen. A child shall not be considered emancipated solely by reason of
living away from home while in postsecondary education.
(II) If the court orders support pursuant to subparagraph (I) of this
paragraph (b), the court or delegate child support enforcement unit may also
order that the parents provide health insurance for the child or pay medical
expenses of the child or both for the duration of such order. Such order
shall provide that these expenses be paid in proportion to their adjusted
gross incomes as defined in subparagraph (II) of paragraph (a) of subsection
(10) of this section. The court or delegate child support enforcement unit
shall order a parent to provide health insurance if the child is eligible
for coverage as a dependent on that parent's insurance policy or if health
insurance coverage for the child is available at reasonable cost.
(c) This subsection (1.5) shall apply to all child support obligations
established or modified as a part of any proceeding, including but not
limited to articles 5, 6, and 10 of this title and articles 4 and 6 of title
19, C.R.S., prior to July 1, 1997. This subsection (1.5) shall not apply to
child support orders established on or after July 1, 1997, which shall be
governed by subsection (1.6) of this section.
(c.5) An order for postsecondary education expenses entered between July 1,
1991, and July 1, 1997, may be modified pursuant to this subsection (1.5) to
provide for postsecondary education expenses subject to the statutory
provisions for determining the amount of a parent's contribution to the
costs of postsecondary education, the limitations on the amount of a
parent's contribution, and the changes to the definition of postsecondary
education consistent with this section as it existed on July 1, 1994. An
order for child support entered prior to July 1, 1997, that does not provide
for postsecondary education expenses shall not be modified pursuant to this
subsection (1.5).
(d) Postsecondary education support may be established or modified in the
same manner as child support under this article.
(e) For the purposes of this section, "postsecondary education support"
means support for the following expenses associated with attending a
college, university, or vocational education program: Tuition, books, and
fees...
Source: L. 71: R&RE, p. 527, § 1. C.R.S. 1963: § 46-1-15. L. 85: (2) added,
p. 592, § 10, effective July 1. L. 86: (3) to (16) added, p. 718, § 1,
effective November 1. L. 87: (3)(b), (5), IP(7)(a), (10)(a), (11), and (12)
amended, (7)(b)(II), (15), and (16) repealed, (7)(d), (7)(e), (10)(c), and
(17) added, and (8), (9), (13), and (14) R&RE, pp. 587, 588, 600, 591, 589,
§§ 5, 7, 38, 9. 6, 8 effective July 10. L. 89: (7)(d.5) added and (17)
amended, p. 792, §§ 14, 15, effective July 1. L. 90: (18) added, p. 890, §
10, effective June 7; (7)(a)(I)(A), (7)(c), and (13)(a)(III) amended and
(7)(b)(III) added, pp. 564, 890, 889, §§ 35, 10, 9, effective July 1. L. 91:
(18)(a) amended, p. 359, § 21, effective April 9; (1.5) added and (7)(b),
(13), (14)(b), and (18) amended, p. 234, § 1, effective July 1. L. 92: (17)
amended, p. 2171, § 18, effective June 2; (1.5)(b)(I), (2), (3)(a), (3)(b),
(7)(a), (7)(e), (8), (10)(a)(II), (10)(c), (14)(c)(I), (18), and (18)(a)
amended, (1.5)(d), (13.5), (14.5), and (16.5) added, (7)(e) repealed, and
(10)(b) R&RE, pp. 166, 203, 188, 169, 198, 193, §§ 1, 9, 2, 3, effective
August 1. L. 93: (1.5)(b)(I) and (3)(b)(III) amended and (1.5)(e) added, pp.
1556, 577, §§ 1, 7, effective July 1; (1.5)(b)(I), (2), and (10)(c) amended
and (3.5) and (18)(e) added, pp. 1559, 1560, §§ 7, 8, effective September 1.
L. 94: (1.5)(b)(I), (1.5)(e), (7)(a)(I)(A), (7)(b)(III), (7)(d.5)(I), and
(18)(e) amended, p. 1536, § 5, effective July 1; (18)(a) amended, p. 2645, §
107, effective July 1. L. 96: IP(1), (2), (3)(a), (3)(b)(II), (7)(a)(I)(A),
(7)(a)(I)(C), (7)(b)(I), (10)(a)(II), (11)(a), (12), (13.5), and (16.5)
amended, p. 594, § 7, effective July 1. L. 97: (1.5) amended and (1.6) and
(1.7) added, p. 565, § 20, effective July 1; (1.5), (3.5), (7)(b), and
(18)(a) amended and (1.6) and (1.7) added, pp. 1264, 1312, §§ 8, 49,
effective July 1; (5) and (17) amended, p. 561, § 5, effective July 1; (7)(a)(I)(B)
amended, p. 1240, § 37, effective July 1. L. 98: (3)(a), (7)(d.5)(I), and
(13)(a)(II) amended, p. 768, § 21, effective July 1; (7)(a)(I)(A) amended,
p. 921, § 7, effective July 1; (4)(c), (8), (9), (10)(c), and (14) amended,
p. 1398, § 42, effective February 1, 1999. L. 99: (3.5) amended, p. 1085, §
2, effective July 1; (7)(a)(I)(A) amended, p. 621, § 15, effective August 4.
L. 2000: (18) amended, p. 1709, § 6, effective July 1. L. 2001: (18)(a)
amended and (19) added, p. 721, § 4, effective May 31. L. 2002: (10)(a)(II),
(10)(b), and (13.5)(h)(II) amended, p. 286, § 1, effective January 1, 2003.
L. 2003: (3)(b)(III) amended, p. 1011, § 15, effective July 1; (10)(a)(II)(B),
(10)(a)(II)(C), and (10)(a)(II)(D) amended, p. 1264, § 51, effective July 1.
L. 2004: (5), (10)(a)(II)(A), (13.5)(h)(II), and (19) amended, p. 385, § 1,
effective July 1. L. 2005: (1.6) amended, p. 80, § 1, effective August 8.
...For further information, please refer to the Colorado Revised Statues -
Title 14
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14-10-123. Commencement of proceedings concerning
allocation of parental responsibilities - jurisdiction.
(1) A proceeding concerning the allocation of parental responsibilities is
commenced in the district court or as otherwise provided by law:
(a) By a parent:
(I) By filing a petition for dissolution or legal separation; or
(II) By filing a petition seeking the allocation of parental
responsibilities with respect to a child in the county where the child is
permanently resident or where the child is found; or
(b) By a person other than a parent, by filing a petition seeking the
allocation of parental responsibilities for the child in the county where
the child is permanently resident or where the child is found, but only if
the child is not in the physical care of one of the child's parents;
(c) By a person other than a parent who has had the physical care of a child
for a period of six months or more, if such action is commenced within six
months of the termination of such physical care; or
(d) By a parent or person other than a parent who has been granted custody
of a child or who has been allocated parental responsibilities through a
juvenile court order entered pursuant to section 19-1-104 (6), C.R.S., by
filing a certified copy of the juvenile court order in the county where the
child is permanently resident. Such order shall be treated in the district
court as any other decree issued in a proceeding concerning the allocation
of parental responsibilities.
(2) Except for a proceeding concerning the allocation of parental
responsibilities commenced pursuant to paragraph (d) of subsection (1) of
this section, notice of a proceeding concerning the allocation of parental
responsibilities shall be given to the child's parent, guardian, and
custodian or person allocated parental responsibilities, who may appear and
be heard and may file a responsive pleading. The court may, upon a showing
of good cause, permit the intervention of other interested parties.
Source: L. 71: R&RE, p. 529, § 1. C.R.S. 1963: § 46-1-23. L. 73: p. 554, §
10. L. 97: Entire section amended, p. 515, § 1, effective July 1. L. 98:
Entire section amended, p. 1377, § 3, effective February 1, 1999.
14-10-124. Best interests of child.
(1) Legislative declaration. The general assembly finds and declares that it
is in the best interest of all parties to encourage frequent and continuing
contact between each parent and the minor children of the marriage after the
parents have separated or dissolved their marriage. In order to effectuate
this goal, the general assembly urges parents to share the rights and
responsibilities of child-rearing and to encourage the love, affection, and
contact between the children and the parents.
(1.5) Allocation of parental responsibilities. The court shall determine the
allocation of parental responsibilities, including parenting time and
decision-making responsibilities, in accordance with the best interests of
the child giving paramount consideration to the physical, mental, and
emotional conditions and needs of the child as follows:
(a) Determination of parenting time. The court, upon the motion of either
party or upon its own motion, may make provisions for parenting time that
the court finds are in the child's best interests unless the court finds,
after a hearing, that parenting time by the party would endanger the child's
physical health or significantly impair the child's emotional development.
In determining the best interests of the child for purposes of parenting
time, the court shall consider all relevant factors, including:
(I) The wishes of the child's parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express
reasoned and independent preferences as to the parenting time schedule;
(III) The interaction and interrelationship of the child with his or her
parents, his or her siblings, and any other person who may significantly
affect the child's best interests;
(IV) The child's adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that
a disability alone shall not be a basis to deny or restrict parenting time;
(VI) The ability of the parties to encourage the sharing of love, affection,
and contact between the child and the other party;
(VII) Whether the past pattern of involvement of the parties with the child
reflects a system of values, time commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates
to the practical considerations of parenting time;
(IX) Whether one of the parties has been a perpetrator of child abuse or
neglect under section 18-6-401, C.R.S., or under the law of any state, which
factor shall be supported by credible evidence;
(X) Whether one of the parties has been a perpetrator of spouse abuse as
defined in subsection (4) of this section, which factor shall be supported
by credible evidence;
(XI) The ability of each party to place the needs of the child ahead of his
or her own needs.
(b) Allocation of decision-making responsibility. The court, upon the motion
of either party or its own motion, shall allocate the decision-making
responsibilities between the parties based upon the best interests of the
child. In determining decision-making responsibility, the court may allocate
the decision-making responsibility with respect to each issue affecting the
child mutually between both parties or individually to one or the other
party or any combination thereof. In determining the best interests of the
child for purposes of allocating decision-making responsibilities, the court
shall consider, in addition to the factors set forth in paragraph (a) of
this subsection (1.5), all relevant factors including:
(I) Credible evidence of the ability of the parties to cooperate and to make
decisions jointly;
(II) Whether the past pattern of involvement of the parties with the child
reflects a system of values, time commitment, and mutual support that would
indicate an ability as mutual decision makers to provide a positive and
nourishing relationship with the child;
(III) Whether an allocation of mutual decision-making responsibility on any
one or a number of issues will promote more frequent or continuing contact
between the child and each of the parties;
(IV) Whether one of the parties has been a perpetrator of child abuse or
neglect under section 18-6-401, C.R.S., or under the law of any state, which
factor shall be supported by credible evidence. If the court makes a finding
of fact that one of the parties has been a perpetrator of child abuse or
neglect, then it shall not be in the best interests of the child to allocate
mutual decision-making with respect to any issue over the objection of the
other party or the legal representative of the child.
(V) Whether one of the parties has been a perpetrator of spouse abuse as
defined in subsection (4) of this section, which factor shall be supported
by credible evidence. If the court makes a finding of fact that one of the
parties has been a perpetrator of spouse abuse, then it shall not be in the
best interests of the child to allocate mutual decision-making
responsibility over the objection of the other party or the legal
representative of the child, unless the court finds that the parties are
able to make shared decisions about their children without physical
confrontation and in a place and manner that is not a danger to the abused
party or the child.
(2) The court shall not consider conduct of a party that does not affect
that party's relationship to the child.
(3) In determining parenting time or decision-making responsibilities, the
court shall not presume that any person is better able to serve the best
interests of the child because of that person's sex.
(3.5) A request by either party for genetic testing shall not prejudice the
requesting party in the allocation of parental responsibilities pursuant to
subsection (1.5) of this section.
Annotations
Editor's note: This subsection (3.5) is effective January 1, 2006.
Statute text
(4) If a party is absent or leaves home because of spouse abuse by the other
party, such absence or leaving shall not be a factor in determining the best
interests of the child. For the purpose of this subsection (4), "spouse
abuse" means the proven threat of or infliction of physical pain or injury
by a spouse or a party on the other party.
(5) Repealed.
(6) In the event of a medical emergency, either party shall be allowed to
obtain necessary medical treatment for the minor child or children without
being in violation of the order allocating decision-making responsibility or
in contempt of court.
(7) In order to implement an order allocating parental responsibilities,
both parties may submit a parenting plan or plans for the court's approval
that shall address both parenting time and the allocation of decision-making
responsibilities. If no parenting plan is submitted or if the court does not
approve a submitted parenting plan, the court, on its own motion, shall
formulate a parenting plan that shall address parenting time and the
allocation of decision-making responsibilities.
(8) The court may order mediation, pursuant to section 13-22-311, C.R.S., to
assist the parties in formulating or modifying a parenting plan or in
implementing a parenting plan specified in subsection (7) of this section
and may allocate the cost of said mediation between the parties.
Source: L. 71: R&RE, p. 529, § 1. C.R.S. 1963: § 46-1-24. L. 79: (3) added,
p. 645, § 1, effective March 2. L. 81: (4) added, p. 904, § 1, effective May
22. L. 83: (1) R&RE and (1.5) and (5) added, p. 647, §§ 3, 4, effective June
10. L. 87: (1.5)(g) to (1.5)(m) added and (5) repealed, pp. 574, 576, §§ 3,
6, effective July 1; (1.5)(m) repealed, p. 1578, § 22, effective July 1. L.
98: Entire section amended, p. 1380, § 10, effective February 1, 1999. L.
2005: (1.5)(b)(IV) and (1.5)(b)(V) amended, p. 961, § 6, effective July 1;
(3.5) added, p. 377, § 2, effective January 1, 2006.
...For further information, please refer to the Colorado Revised Statues -
Title 14
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Property Division
14-10-113. Disposition of property.
(1) In a proceeding for dissolution of marriage or in a proceeding for legal
separation or in a proceeding for disposition of property following the
previous dissolution of marriage by a court which at the time of the prior
dissolution of the marriage lacked personal jurisdiction over the absent
spouse or lacked jurisdiction to dispose of the property, the court, subject
to the provisions of subsection (7) of this section, shall set apart to each
spouse his or her property and shall divide the marital property, without
regard to marital misconduct, in such proportions as the court deems just
after considering all relevant factors including:
(a) The contribution of each spouse to the acquisition of the marital
property, including the contribution of a spouse as homemaker;
(b) The value of the property set apart to each spouse;
(c) The economic circumstances of each spouse at the time the division of
property is to become effective, including the desirability of awarding the
family home or the right to live therein for reasonable periods to the
spouse with whom any children reside the majority of the time; and
(d) Any increases or decreases in the value of the separate property of the
spouse during the marriage or the depletion of the separate property for
marital purposes.
(2) For purposes of this article only, and subject to the provisions of
subsection (7) of this section, "marital property" means all property
acquired by either spouse subsequent to the marriage except:
(a) Property acquired by gift, bequest, devise, or descent;
(b) Property acquired in exchange for property acquired prior to the
marriage or in exchange for property acquired by gift, bequest, devise, or
descent;
(c) Property acquired by a spouse after a decree of legal separation; and
(d) Property excluded by valid agreement of the parties.
(3) Subject to the provisions of subsection (7) of this section, all
property acquired by either spouse subsequent to the marriage and prior to a
decree of legal separation is presumed to be marital property, regardless of
whether title is held individually or by the spouses in some form of
coownership such as joint tenancy, tenancy in common, tenancy by the
entirety, and community property. The presumption of marital property
described in this subsection (3) is overcome by a showing that the property
was acquired by a method listed in subsection (2) of this section.
(4) Subject to the provisions of subsection (7) of this section, an asset of
a spouse acquired prior to the marriage or in accordance with subsection (2)
(a) or (2) (b) of this section shall be considered as marital property, for
purposes of this article only, to the extent that its present value exceeds
its value at the time of the marriage or at the time of acquisition if
acquired after the marriage.
(5) For purposes of this section only, property shall be valued as of the
date of the decree or as of the date of the hearing on disposition of
property if such hearing precedes the date of the decree.
(6) (a) (I) Notwithstanding any anti-assignment, anti-alienation, or other
provision of law to the contrary, all retirement benefits of any nature for
public employees from a plan described in section 401 (a), 403 (b), 414 (d),
or 457 of the federal "Internal Revenue Code of 1986", as amended, that is
established pursuant to Colorado law shall be, in all actions for
dissolution of marriage, legal separation, and declaration of invalidity of
marriage, divisible directly by the plan upon written agreement of the
parties to such an action pursuant to paragraph (c) of this subsection (6).
(II) The provisions of this subsection (6) shall apply to all dissolution of
marriage, legal separation, and declaration of invalidity of marriage
actions filed on or after January 1, 1997, and all dissolution of marriage,
legal separation, or declaration of invalidity of marriage actions filed
prior to January 1, 1997, in which the court did not enter a final property
division order concerning the parties' public employee retirement benefits
prior to January 1, 1997.
(b) As used in this subsection (6), unless the context otherwise requires:
(I) "Alternate payee" means a party to a dissolution of marriage, legal
separation, or declaration of invalidity action who is not the participant
of the public employee retirement plan divided or to be divided but who is
married to or was married to the participant and who is to receive, is
receiving, or has received all or a portion of the participant's retirement
benefit by means of a written agreement as described in paragraph (c) of
this subsection (6).
(II) "Defined benefit plan" means a retirement plan that is not a defined
contribution plan and that usually provides benefits as a percentage of the
participant's highest average salary, based on the plan's benefit formula
and the participant's age and service credit at the time of retirement.
(III) "Defined contribution plan" means a retirement plan that provides for
an individual retirement account for each participant and the benefits of
which are based solely on the amount contributed to the participant's
account and that includes any income, expenses, gains, losses, or
forfeitures of accounts of other participants that may be allocated to the
participant's account.
(IV) "Participant" means the person who is an active, inactive, or retired
member of the public employee retirement plan.
(c) (I) The parties may enter into a marital agreement pursuant to part 3 of
article 2 of this title or a separation agreement pursuant to section
14-10-112 concerning the division of a public employee retirement benefit
between the parties pursuant to a written agreement. The parties shall
submit such written agreement to the plan administrator within ninety days
after entry of the decree and the permanent orders regarding property
distribution in a proceeding for dissolution of marriage, legal separation,
or declaration of invalidity of marriage.
(II) A written agreement dividing a public employee retirement benefit
shall:
(A) Specify the full legal name of the retirement plan or plans to which it
applies;
(B) Specify the name, social security number, and last-known mailing address
of the participant and the alternate payee as well as the alternate payee's
relationship to the participant;
(C) For an agreement concerning a defined benefit plan, specify the
distribution method, as described in subparagraph (III) of this paragraph
(c), subject, if the plan permits, to benefit adjustments payable at the
same time and in the same manner as any benefit adjustments applied to the
participant's distribution;
(D) For an agreement concerning a defined contribution plan, specify the
alternate payee's portion of the participant's account as a fixed lump-sum
amount, or as a percentage, in either case, as of a specified date, from
specific accounts of the participant and, unless the plan adopts rules and
regulations pursuant to paragraph (d) of this subsection (6) permitting the
plan to retain the alternate payee's portion of the participant's account,
require that distribution to the alternate payee be made within one hundred
twenty days after a certified court order approving the agreement has been
submitted to and received by the plan;
(E) Not provide for payments to the alternate payee or to the participant
for which he or she would not otherwise be eligible if there were no
dissolution of marriage, legal separation, or declaration of invalidity
action pending;
(F) For an agreement concerning a defined benefit plan, not require the plan
to pay the alternate payee prior to the date payments commence to the
participant or prior to the participant attaining age sixty-five or actual
retirement date, whichever date is earlier, or at such later date as the
parties may otherwise agree in writing;
(G) For an agreement concerning a defined benefit plan, provide that the
alternate payee's rights to payments terminate upon the involuntary
termination of benefits payable to the participant or upon the death of the
alternate payee, whichever occurs first, unless the parties agree to elect,
or have already elected, a benefit option under the plan that provides for a
cobeneficiary benefit to the alternate payee;
(H) Provide that the manner of payment shall be in a form or type
permissible under the plan. The agreement shall not require through this
subsection (6) the payment of a benefit, benefit amount, or distribution
option not otherwise set out in the plan document or statute.
(I) Not require the plan to pay benefits that are already required to be
paid to another alternate payee or are already subject to an assignment or
lien;
(J) Specify that it shall apply to successor plans;
(K) Comply with any rules or procedures promulgated pursuant to paragraph
(d) of this subsection (6); and
(L) Specify that, once approved by the court, the order approving the
agreement shall be certified by the clerk of the court and submitted to and
received by the retirement plan at least thirty days before the plan may
make its first payment.
(III) The written agreement between the parties described in subparagraph
(II) of this paragraph (c) shall contain only one method or formula to be
applied to divide the defined benefit plan. For purposes of sub-subparagraph
(C) of subparagraph (II) of this paragraph (c), the parties may select any
one of the following methods by which to divide the defined benefit plan:
(A) A fixed monetary amount;
(B) A fixed percentage of the payment to the participant;
(C) The time-rule formula determined by dividing the number of months of
service credit acquired under the plan during the marriage as set forth in
the court's order by the number of months of service credit in such plan at
the time of the participant's retirement as determined by the plan, which
quotient shall be multiplied by a percentage specified in the court's order,
and the product thereof shall be further multiplied by the amount of the
payment to the participant at the date of retirement;
(D) A formula determined by dividing the number of months of service credit
acquired under the plan during the marriage as set forth in the court's
order by the number of months of service credit in such plan as of the date
of the decree as determined by the plan, regardless of when the participant
is expected to retire, which quotient shall be multiplied by a percentage
specified in the court's order, and the product thereof shall be further
multiplied by the amount of the payment the participant would be entitled to
receive as if the participant were to retire and receive an unreduced
benefit on the date of the decree; or
(E) Any other method or formula mutually agreed upon by the parties that
specifies a dollar amount or percentage payable to the alternate payee.
(d) The trustees or the administrator of each retirement plan may promulgate
rules or procedures governing the implementation of this subsection (6) with
respect to public employee retirement plans that they administer. Such rules
or procedures may include the requirement that a standardized form be used
by the parties and the court for an order approving the parties' agreement
to be effective as well as other provisions consistent with the purpose of
this subsection (6).
(e) Compliance with the provisions of this subsection (6) by a public
employee retirement plan shall not subject the plan to any portions of the
federal "Employee Retirement Income Security Act of 1974", as amended, that
do not otherwise affect governmental plans generally. Any plan that
reasonably complies with an order approving an agreement entered into
pursuant to this subsection (6) shall be relieved of liability for payments
made to the parties subject to such order.
(f) A court shall have no jurisdiction to enter an order dividing a public
employee retirement benefit except upon written agreement of the parties
pursuant to this subsection (6). A court shall have no jurisdiction to
modify an order approving a written agreement of the parties dividing a
public employee retirement benefit unless the parties have agreed in writing
to the modification. A court may retain jurisdiction to supervise the
implementation of the order dividing the retirement benefits.
(7) (a) For purposes of subsections (1) to (4) of this section only, except
with respect to gifts of nonbusiness tangible personal property, gifts from
one spouse to another, whether in trust or not, shall be presumed to be
marital property and not separate property. This presumption may be rebutted
by clear and convincing evidence.
(b) For purposes of subsections (1) to (4) of this section only, "property"
and "an asset of a spouse" shall not include any interest a party may have
as an heir at law of a living person or any interest under any donative
third party instrument which is amendable or revocable, including but not
limited to third-party wills, revocable trusts, life insurance, and
retirement benefit instruments, nor shall any such interests be considered
as an economic circumstance or other factor.
(c) (I) The provisions of this subsection (7) shall apply to all causes of
action filed on or after July 1, 2002. The provisions of this subsection (7)
shall also apply to all causes of action filed before said date in which a
final property disposition order concerning matters affected by this
subsection (7) was not entered prior to July 1, 2002.
(II) For purposes of this paragraph (c), "final property disposition order"
means a property disposition order for which the time to appeal has expired
or for which all pending appeals have been finally concluded.
Source:
L. 71: R&RE, p. 525, § 1. C.R.S. 1963: § 46-1-13. L. 73: pp. 553, 555, §§ 6,
7, 12. L. 75: IP(1) amended, p. 210, § 25, effective July 16. L. 96: (6)
added, p. 1457, § 1, effective January 1, 1997. L. 97: (6)(a) amended, p.
100, § 1, effective March 24. L. 98: (6)(c)(I) and (6)(c)(II)(C) amended and
(6)(c)(III) added, p. 355, § 1, effective August 5; (1)(c) amended, p. 1397,
§ 40, effective February 1, 1999. L. 99: (6)(c)(I), (6)(c)(II)(L), and
(6)(f) amended, p.46, § 1, effective March 15. L. 2002: (6)(a)(I) amended,
p. 138, § 1, effective March 27; IP(1), IP(2), (3), and (4) amended and (7)
added, p. 1054, § 1, effective June 1. L. 2004: (6)(a)(I) amended, p. 222, §
5, effective April 1.
...For further information, please refer to the Colorado Revised Statues -
Title 14
Collecting Property Awarded in a Divorce |
