March 15, 2015
Resuming Colorado Military Divorce FAQs (Pt. 1), here, more questions about these special types of divorce cases will be answered.
Colorado Military Divorce: More Important Answers
Q – Are there different grounds for civilian divorce versus Colorado military divorce?
A – No. The grounds for civilian divorce and Colorado military divorce are the same, and these simply are that one party in the marriage believes that the marriage is irrevocably broken. This is because Colorado is a “no fault” divorce state.
As a result, it doesn’t matter if one party was allegedly to blame for the end of the marriage (because of, let’s say, misconduct or infidelity). Instead, it’s only relevant that one party in the divorce believes that there is no hope of reconciliation with his or her spouse.
Q – Is the division of marital property different in Colorado military divorce versus civilian divorce?
A – It can be. While the division of property in Colorado military divorce can be similar to that in civilian divorce when it comes to assets like marital homes and bank accounts, federal law will enter the picture when dividing up “property” like military retirement benefits.
In fact, with Colorado military divorce and retirement benefits, the Uniformed Services Former Spouses’ Protection Act (USFSPA) will come into play if the marriage has lasted at least 10 years over which time the member of the military was on active duty. When this is the case for a couple, there may be up to a 50-50 split of the military retirement benefits.
Q – I want to request spousal and/or child support in my Colorado military divorce. What should I know about these requests/issues?
A – Generally, you should be aware that:
- By Colorado law, the total amount of support payments after a Colorado military divorce cannot exceed 60 percent of the military member’s income (pay + other allowances).
- When divorcing partners can agree on support payment obligations, the court will usually accept these agreements, and Colorado military divorce cases may be able to be resolved more efficiently.
- If spousal and/or child support is disputed in a Colorado military divorce case (i.e., separating partners can’t agree on these payment obligations), the court will step in to resolve these disputes, and similar processes and worksheets (as those used in civilian divorce) will generally be used to work out the payment obligations in these cases.
For some more important answers about Colorado military divorce, don’t miss the upcoming conclusion to this blog series – or contact us today.
Littleton Divorce Lawyers at Bahr & Kreidle
Are you ready for some experienced help with your divorce case? If so, the Littleton divorce attorneys at Bahr & Kreidle are here for you, ready to provide you with the highest quality legal services. To set up a meeting with one of our trusted divorce lawyers, call us at (303) 794-7422 or email us using the contact form on this page.
From our law offices in Littleton, we represent clients throughout Colorado, including in the Denver Metro Area, Arapahoe County, Adams County, Jefferson County and the cities of Lakewood, Highlands Ranch, Lone Tree, Castle Rock, Westminster, Centennial and Aurora.