Understanding factors in determining property division

On Behalf of | Oct 2, 2014 | Property Division

Filing for divorce can be a difficult and often costly side effect of the decision to end a marriage. In many cases, Denver, Colorado, residents face the task of dividing up their assets. As a marital property state, Colorado couples can face a variety of concerns when it comes to property division. Many couples don’t understand how that can have an impact on their life after divorce, so it is important that couples take into account the different factors courts may consider when deciding what equitable division of assets means.

Assets can potentially increase in value over the course of a marriage. Active appreciation can potentially be attributed to actions done by either party. According to a recent report, an example of this type of appreciation would be the use of professional expertise to advance the value of a spouse’s company. The counterpoint to active appreciation is passive appreciation, which states that the reason for growth or improvement is due to forces outside of a spouse’s contributions.

Additionally, the date of separation can contribute to the court’s decision on how assets can be divided. The more recent the separation, the more assets a spouse can potentially be rightfully granted. Understanding how the courts determine the date of separation can potentially save an interested party thousands in the property division process. In a recent high-profile, multi-billion dollar divorce case, the separation date can translate into billions, depending on when the courts decide the formal date of separation took place.

Not all cases of divorce include an overwhelming amount of wealth as the central focus for those seeking to end their Denver, Colorado, union. In most cases, property division revolves around relatively simple concerns such as retirement accounts and the marital property. It is necessary to obtain a concrete understanding of what it means to face the courts, in order to determine how the division of assets can provide a more detailed outlook on what each individual faces following the conclusion of their divorce.

Source: Forbes, “A Multi-Billion Dollar Divorce: What All Divorcing Women Can Learn From Sue Ann Hamm“, Jeff Landers, Sept. 22, 2014