Eckley, CO Divorce Law Firms & Lawyers

To be able to obtain entitlement to the retirement of your, what seems now ex-husband, you must draft and submit to the retirement company a QDRO, Qualified Domestic Relations Order. This is an Order that a lay person is not recommended to prepare, in fact, many attorneys do not draft these orders. But, one must be prepared and submitted to the retirement company so when you become entitled to the funds, when your husband or ex-husband retires, you can receive your share. The information above is for informational purposes only and shall not be construed as legal advice.

In Colorado a Decree of Legal Separation can only be entered by the Court if both parties agree to do that instead of a dissolution of marriage (i.e. divorce). If you want to end the marriage rather than simply have a Legal Separation all you have to do is say so. The Decree, whichever it is, is entered by the Court at the end of the proceedings when all financial issues and parenting issues have been decided (either by mutual agreement or by judicial rulings). Once entered, a Decree of Legal Separation lasts indefinitely unless one party after six months decides to have it converted to a Decree of Dissolution. There are situations where a Legal Separation is an advantage if the parties are not interested in remarriage. One example is the ability to continue health insurance coverage for both spouses when only one of them has an employer health plan.

Any part of the 401k that accrued during the marriage is community property. Protecting it is more about the length of the marriage and if the other side is claiming a community portion, you may be able to offset the amount with some other asset or a cash buyout. You should consult with an attorney.