Colorado is not a community property state. Instead, it follows the principle of equitable distribution. This means that in a divorce, marital property assets acquired during the marriage is divided fairly, not necessarily equally. For example, a family home purchased after the wedding vows is considered marital property subject to division upon dissolution of the marriage. Separate property, such as inheritances or gifts received by one spouse, generally remains separate.
The equitable distribution system aims for a just and fair outcome, considering factors like each spouse’s contributions to the marriage (financial and non-financial), economic circumstances, and the overall length of the union. This approach offers flexibility in addressing the unique circumstances of each divorce case, unlike the more rigid 50/50 split seen in community property states. Historically, Colorado adopted this system to reflect a more individualized approach to property division.