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Property Division

So, my spouse wants to donate our embryos….

Ending a marriage takes an emotional toll on all individuals involved, especially those who have struggled with fertility issues and taken the expensive and emotional path through IVF. Since IVF requires the creation of several embryos to increase the odds of a successful pregnancy, some embryos may last longer than the marriage. Determining the ultimate fate of any cryogenically frozen…

Cohabitation in Colorado: how to avoid post-separation conflict (Part III)

In this blog series, we have discussed the implications of cohabitation and the complications that may accompany the ending of a cohabitation relationship where property is jointly owned. What options exist to help avoid a situation where a cohabitant may be forced to seek contractual remedies after a break up? One option is to have an attorney draft a cohabitation…

Co-habitation in Colorado: what remedies do you have? (Part II)

Many couples may find themselves in a situation in which they have been living together, they may have acquired property together, or even contributed a significant amount of money to improving real estate listed in one or both parties’ names. But what happens if you break up and you had no written or oral agreement about who would move out,…

Co-habitation in Colorado: does it mean that you could be considered married? (Part I)

The number of non-marital, cohabitating couples has increased substantially in the past ten years and nearly equals, if not exceeds, the number of couples that are married. Many couples see cohabitation as a stage in the marital process in order to ‘test the waters’ in compatibility prior to getting married. Others choose cohabitation in lieu of marriage, based on their…

Colorado’s treatment of personal injury awards in divorce

Dividing property is a significant issue in any divorce or legal separation. It can be further complicated if one party has been injured and has a potential personal injury or workers’ compensation claim. While personal injury awards and workers’ compensation claims are similar in nature, Colorado courts treat them very differently. How Colorado courts handle personal injury awards in divorce…

Businesses and divorce: how is a business valued in family law cases in Colorado?

Businesses come in all forms and sizes, each with their own unique arrangements and intricacies. A business may be an operating business, a silent investment, a holding company, or stock options, for example. Businesses may be owned and operated by the spouse(s) only, or with partners who are not parties to the divorce proceeding. If you and/or your spouse have an interest…

What Happens to My 401(K) During a Divorce?

If you are going through a divorce, you and your spouse will need to equitably divide assets that were acquired during your marriage. Splitting up your checking account might be relatively straightforward, but dividing a 401(k) account is a bit trickier. You might not be thinking about retiring now but safeguarding your future is important. Here is what you need…

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