Skip to content

Separation Agreements in Colorado

Divorce in Colorado requires the division of property and maintenance, more commonly known as alimony must be addressed. The majority of divorces in Colorado settle without having to leave it up to the judge to decide, and when agreements can be reached they will be reduced to writing within a Separation Agreement.

Colorado law, 14-10-112(1), C.R.S. provides:

  • To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for the maintenance of either of them, and the disposition of any property owned by either of them.

Our Fort Collins divorce attorneys regularly resolve divorce cases with full agreements of the parties by drafting the Separation Agreement for the parties to sign that will become an order of the court once accepted. Learn more about legal separation.


Maintenance, more commonly known as alimony in Colorado, must be addressed in every divorce in Colorado. Maintenance will either be waived or there will be an award of maintenance from one party to the other. An award of maintenance will be defined in the Separation Agreement as either contractual / non-modifiable or modifiable.

Division of Property

The division of property in Colorado is to be equitable. Property division divides assets as well as debts. Some of the most common types of property to divide include:

  • Personal Property
  • Real Estate
  • Business Interests
  • Retirements
  • Investments
  • Automobiles
  • Bank Accounts
  • Tax Refunds
  • Intellectual Property


It is common when one party wishes to keep the marital residence following the dissolution and the mortgage needs to be refinanced to remove the other party’s name. The Courts will allow a reasonable amount of time for someone to refinance the home before it is sold. The Separation Agreement should detail the terms of when the home is to be refinanced or sold in the event the home can not be refinanced.


The Separation Agreement allows for many opportunities to protect your wealth and your future. If maintenance is awarded then the balance due can be secured by life insurance as well as disability insurance. If the home is to be sold after the conclusion of your case then consider requiring insurance on the home to cover anything that could diminish the value while it is being sold. Maintenance provisions can be drafted to ensure a minimum or maximum amount and duration of maintenance.

Agreements are Binding on the Court

The agreements reached by the parties and written into the Separation Agreement shall be honored by the Court, unless the Court finds the agreements to be unconscionable as to property division and maintenance. The Separation Agreement should not detail matters associated with child custody as these items should be addressed in the Parenting Plan.


The Separation Agreement become an order of the court once approved and is enforceable just as any other court order. When a party fails to meet their obligations pursuant to the Separation Agreement the options of enforcement should be carefully chosen. While contempt is the most common remedy when someone violates a court order, it may not be the best option for all cases. The courts have the ability to transfer property when a party refuses to do so. Additionally, Colorado law provides ways to reduce nonpayment of maintenance to a judgement to be collected on.

Modifying the Terms

Under limited circumstances the terms of the Separation Agreement may be modified by the Court. The time frame to modify a Separation Agreement is limited and you should contact an attorney immediately if you believe the Separation Agreement may need to be modified.

Top Divorce Related Pages at Cossitt Law Firm

Divorce Decree Paper work

I Want to Get Divorced

If you have decided to get a divorce, the next steps can seem daunting. Here we provide a few answers to common questions about filing for divorce.

Read More
Person getting served divorce papers

I Just Got Served

If you were just served with divorce or custody papers you are likely wondering what to do next? Here is what you can expect, if you still have questions, we are here to help.
Read More
Types of Divorce

Types of Divorce

Depending on your family, financial, and personal circumstances there are many factors you will want to consider when filing for divorce. Find out what type of divorce is right for you.

Read More
Young child listening to parents fight

How Divorce Affects Children

If you have children and are going through a divorce, one of the hardest things to do is to tell your children. Learn more about the effects of divorce on children.

Read More

Frequently Asked Questions about Divorce

cutout of people implying divorce

Planning for Divorce

How can I Plan for my Divorce? Pre-divorce planning is about making wise decisions as it can assist you in identifying all of the potential issues you may encounter going through the process thereby allowing you to position yourself for a favorable resolution.
Read More
Divorce Check List

The Courts Timeline for Divorce

How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed.

Read More
Divorce papers with wedding rings on them

Uncontested Divorce

How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly.

Read More
Stack of a couples financial papers

Financial Disclosures

What are mandatory financial disclosures?   Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.

Read More

Fort Collins Divorce & Child Support Attorneys

Tom Cossitt

Tom Cossitt, Esq.

Family Law
Suzanne Ewy

Suzanne Ewy, Esq.

Family Law
Carla Jaquess

Carla Jaquess, Esq.

Family Law
Attorney Lisa Vigil

Lisa Vigil, Esq.

Family Law
Jenna Hardesty

Jenna Hardesty, Paralegal

Family Law


  • "I am very appreciative of Toms services. English is a second language to me, and this process seemed difficult because of that barrier. He was very patient and thorough making sure I understood everything before he proceeded. I will recommend him to everyone! He truly cares about you, as does his wonderful, helpful team"

    Review from AVVO

  • "I had a very challenging case, one that could have had indefinite financial consequences. Tom Cossitt evaluated my case and identified several strategies for moving forward. I chose one and Tom developed and implemented that strategy with speed and with the utmost in professionalism. The documents he drafted on my behalf, based on extensive research and case law / precedent were thorough and comprehensive. When the Court ruled, it used the arguments as developed by Tom Cossitt verbatim in its decision, and the case was decided in my favor. Needless to say, I was pleased beyond words. Based on my experience and the outcome of my case, I would highly recommend Tom Cossitt to anyone requiring the services of a family law attorney."

    Review from Google

  • "I met with as many as 10 different attorneys before coming across Thomas. After our initial consultation, I was very pleased with his knowledge and realistic expectations. During the really tough time, Thomas kept me calm and helped tremendously to get custody of my daughter. He kept me informed on what was going on and would ask for my input; if it was something that was unrealistic or could be done a different way, Thomas would tell me right away. During the hearings, he was amazing. He kept a professional attitude and was great at cross examinations. He took in all of the facts and evidence, and was able to present them efficiently and effectively. Ultimately helping me gain custody of my child."

    Review from AVVO

The Cossitt Difference: Fort Collins Divorce Attorneys That Care

AFCC Colorado Logo
Law Week Colorado Logo
Colorado Bar Assocation Logo
Fort Collins Chamber Logo
Super Lawyers Logo
Lead Counsel Verified Logo
Avvo Client's Choice Logo
Expertise Logo

Schedule a Consultation with one of our Fort Collins Family Law Attorneys

(970) 488-1887
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram