If your marriage is no longer working but you are unsure whether you want a complete divorce, you may be wondering whether legal separation is an option in Colorado. Many people in Denver assume that legal separation is simply a “step before divorce,” but under Colorado law, it is a distinct legal status with its own consequences.
Understanding the difference between legal separation and divorce can help you decide which path makes the most sense for your family, finances, and future.
Before exploring the differences, it is important to understand that Colorado is a no-fault divorce state. This means that neither spouse has to prove wrongdoing such as adultery or misconduct. The only required ground is that the marriage is “irretrievably broken.”
This same standard applies to both divorce and legal separation. In both cases, one spouse simply needs to state that the marriage cannot be repaired.
A divorce, legally called a “dissolution of marriage,” permanently ends the marital relationship. Once a divorce is finalized:
In Denver, divorce cases are filed in the district court for the county where either spouse resides. Colorado requires at least a 91-day waiting period from the time the petition is filed before a divorce can be finalized.
After the final decree of dissolution is entered, the marriage is legally terminated.
Legal separation is similar to divorce in many procedural ways, but it does not end the marriage. Instead, it allows spouses to live separately while resolving financial and parenting issues through a formal court order.
In a legal separation, the court can still:
The key difference is that you remain legally married.
Some Denver couples choose legal separation for personal, religious, financial, or insurance-related reasons. For example, one spouse may wish to remain on the other’s health insurance plan, or religious beliefs may discourage divorce.
Colorado follows an equitable distribution model for dividing marital property. This means the court divides assets in a way that is fair, though not necessarily equal.
Whether you pursue divorce or legal separation, the court applies the same equitable distribution principles. Marital property is identified, valued, and divided based on factors such as:
In other words, choosing legal separation does not preserve marital property for future division. Once property is divided in a legal separation, that division is typically final.
Yes. In Colorado, either spouse may convert a legal separation into a divorce after six months have passed from the date the separation decree was entered.
Importantly, the other spouse cannot prevent this conversion. If one spouse decides they ultimately want a divorce, the court will grant it.
Because of this, some Denver residents view legal separation as a temporary step. However, it should still be approached with the same level of care and legal strategy as a divorce, since financial decisions made during separation can have long-term consequences.
Colorado no longer uses the term “custody.” Instead, courts allocate “parental responsibilities,” which include decision-making authority and parenting time.
Whether you file for divorce or legal separation, the court applies the same “best interests of the child” standard when determining parenting arrangements.
Factors may include:
For Denver families, maintaining stability during a transition is often a central concern. A carefully structured parenting plan is critical in both separation and divorce proceedings.
The cost of living in Denver and the surrounding metro area continues to rise. Housing, childcare, and healthcare expenses are significant considerations when evaluating separation versus divorce.
While legal separation may allow certain shared benefits to continue temporarily, such as health insurance coverage in some situations, financial entanglement can also create complications. Remaining legally married may affect tax filing status, retirement planning, and estate planning.
It is important to fully understand how either option will impact your financial future before moving forward.
The choice between legal separation and divorce depends on your goals, beliefs, and long-term plans. Some individuals want the finality and clarity of divorce. Others prefer the flexibility or symbolic meaning of separation.
Because both processes involve binding court orders and permanent financial decisions, it is essential to have experienced legal guidance.
At Colleen McCoy Family Law, we work closely with clients throughout Denver to evaluate whether divorce or legal separation best aligns with their needs. Every family situation is unique, and thoughtful strategy is critical from the beginning.
If you are considering ending your marriage and want to understand your options under Colorado law, we are here to help. Contact us to schedule a confidential consultation and discuss the next steps for your future.
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