Occasionally, a client asks me how gifts that were given to the other spouse during the marriage are divided in a divorce. The answer depends on what was gifted. However, in most cases, the gift is considered the other spouse’s separate property, and is not divided as...
Divorce lawyers often use the term “commingling.” Depending on which side you are on, it can be used in a positive or negative way. Generally, you do not want to be the party who has “commingled” assets.In Colorado, all property acquired before the marriage is...
“Mike and Emily had been married for 8 years when Mike died. Both individuals had a child from a previous marriage. Emily does not whether Mike had a Will, but he used to tell her that all of his property was going to his kids when he died. Mike owned the following...
This article is the second part in a series on the division of retirement accounts during a divorce. Today, we are discussing the division of IRAs.Even if the IRA is titled in spouse’s name alone, all amounts in the IRA that were earned during the marriage can be...
This article is the first part in a series on the division of retirement accounts in a divorce. Today, we are discussing the division of 401(k)s.Amounts in a 401(k) that are earned during the marriage are subject to division by the court during a divorce. This is true...
