Legal Separation vs. Divorce in Colorado

In Colorado, the process to obtain a legal separation is the same as a divorce. Both parties must exchange financial disclosures and must obtain orders to divide marital assets and debts, and award spousal maintenance if appropriate. If children are involved, the court must approve orders to allocate parental responsibilities and child support.

The main difference is that, once a decree of legal separation enters, the parties remain legally married. Thereafter the legally separated parties are prohibited from remarrying unless the legal separation is converted into a decree of dissolution of marriage (“divorce”).  It is important to note that a decree of legal separation does not terminate the marriage for purposes of inheritance if one spouse dies.[1]

Either spouse may apply to convert a legal separation into a dissolution by filing a motion with the court.[2] The other spouse cannot prevent or object to the entry of a decree of dissolution of marriage.  

Couples may choose a legal separation over a divorce for a number of reasons. The most common is to allow for one spouse to remain on the other’s health insurance policy. Other reasons include religious beliefs or family values.  

If you are considering a divorce or legal separation, it is important to consult with an experienced family law attorney who can help you understand your rights and options.

[1] Section 15-11-802(1), C.R.S.

[2] A Motion to Convert Legal Separation into Dissolution of Marriage can be filed after waiting a minimum of 182 days after the date of the Decree of Legal Separation.