HOW LEGAL SEPARATION WORKS IN COLORADO
A legal separation lets spouses divide property, set parenting time and support, and live separate financial lives while remaining legally married. For some couples it is a permanent arrangement. For others it is a step toward divorce taken on their own timeline.
Colorado handles legal separation under the same statute as divorce, and the process looks almost identical from the inside. The differences that matter are what happens to the marriage itself, how property acquired afterward is treated, and how a separation can later become a divorce. Our legal separation lawyers in Colorado Springs help El Paso County clients decide whether separation fits their situation and handle the case from petition to decree.
ON THIS PAGE
- What a Legal Separation Does and Does Not Do
- Requirements to File for Legal Separation
- Legal Separation vs. Divorce at a Glance
- Why Some Couples Choose Legal Separation
- Property, Debt, and the Date That Matters
- Children, Support, and Maintenance
- When One Spouse Wants a Divorce Instead
- Converting a Legal Separation to a Divorce
- The Legal Separation Process in El Paso County
- How Our Legal Separation Lawyers Help
- Legal Separation FAQs
- Sources
WHAT A LEGAL SEPARATION DOES AND DOES NOT DO
A decree of legal separation is a final court order. Under C.R.S. 14-10-106(1)(b), the court addresses the same issues it would in a divorce: allocation of parental responsibilities, child support, spousal maintenance, and division of property and debt.
What a legal separation does not do is end the marriage. The spouses remain legally married, which means neither can remarry or enter a civil union with someone else unless the separation is later converted to a divorce.
Simply moving out is not a legal separation. Spouses who live apart without a decree are still fully married in the eyes of the court, and that has real consequences for property, as explained below.
REQUIREMENTS TO FILE FOR LEGAL SEPARATION
A common misconception is that legal separation has no residency requirement in Colorado. It does. C.R.S. 14-10-106(1)(a) applies the same three requirements to a decree of legal separation as to a decree of dissolution:
- At least one spouse has been domiciled in Colorado for the 91 days before the case is filed.
- The court finds that the marriage is irretrievably broken.
- At least 91 days have passed since the court acquired jurisdiction over the respondent, through service of process or by the respondent joining as a co-petitioner or otherwise appearing.
For service members stationed at Fort Carson, Peterson, Schriever, or the Air Force Academy, domicile can be a real question. Being stationed in Colorado does not by itself establish domicile here, so it is worth reviewing before filing. Our military divorce team handles these jurisdiction issues regularly.
LEGAL SEPARATION VS. DIVORCE AT A GLANCE
| Issue | Legal Separation | Divorce |
|---|---|---|
| Marriage ends | No | Yes |
| Either spouse can remarry | No | Yes |
| 91-day domicile requirement | Yes | Yes |
| 91-day waiting period before decree | Yes | Yes |
| Parenting, support, maintenance, and property decided | Yes | Yes |
| Property acquired after the decree | Separate property | Separate property |
| Can later become a divorce | Yes, by motion no earlier than 182 days after the decree | Not applicable |
| Petition filing fee (Judicial Branch list) | $260 | $260 |
For a longer discussion of how the two options compare in day-to-day life, see our article on legal separation vs. divorce in Colorado.
WHY SOME COUPLES CHOOSE LEGAL SEPARATION
People choose legal separation for personal and practical reasons. Some have religious or moral objections to divorce. Others are not ready to end the marriage but need enforceable orders about money and children now.
Benefits are another common reason, but this is where assumptions cause problems. Many employer health plans and other benefit programs have their own rules, and some treat a legal separation the same way they treat a divorce. Before choosing separation to keep a spouse on a plan, read the plan documents or confirm the rule with the plan administrator.
Legal separation can also give spouses time. Because a separation can later be converted to a divorce, some couples use it to settle every financial and parenting issue first and decide about ending the marriage later.
PROPERTY, DEBT, AND THE DATE THAT MATTERS
Under C.R.S. 14-10-113(3), property either spouse acquires after the marriage and before a decree of legal separation is presumed to be marital property, no matter whose name is on the title. Living apart does not change that presumption. In In re Marriage of Huff, 834 P.2d 244 (Colo. 1992), property acquired during more than eleven years of living apart was still marital because there was no decree.
The decree is the dividing line. Under C.R.S. 14-10-113(2)(c), property a spouse acquires after a decree of legal separation is excluded from marital property. That protects a spouse who builds savings, buys a home, or grows a business after the decree.
The property and debt division in a legal separation follows the same rules as a divorce. The court sets apart each spouse's separate property and divides the marital estate in the proportions it finds just, without regard to marital misconduct. An equitable division is not always an equal one.
CHILDREN, SUPPORT, AND MAINTENANCE
Parents in a legal separation need the same orders as divorcing parents: a parenting plan that allocates decision-making and parenting time, and a child support order calculated under the Colorado guidelines. The court applies the best interests of the child standard either way. Our child custody and child support pages explain those issues in more detail.
Spousal maintenance is also available in a legal separation, and the advisory guidelines in C.R.S. 14-10-114 apply the same way they do in a divorce. Our spousal maintenance page walks through the current formula, the guideline term table, and the factors courts weigh.
WHEN ONE SPOUSE WANTS A DIVORCE INSTEAD
A legal separation requires both spouses to accept that form of decree. Under C.R.S. 14-10-106(2), if one spouse requests a legal separation instead of a divorce, the court grants it in that form unless the other spouse objects.
If the other spouse objects, the case can proceed as a dissolution of marriage. One spouse cannot keep the other married against their wishes by insisting on a legal separation.
CONVERTING A LEGAL SEPARATION TO A DIVORCE
Under C.R.S. 14-10-120(2), no earlier than 182 days after a decree of legal separation enters, either spouse can file a motion to convert it to a decree of dissolution. If the motion is properly filed and notice has been mailed to the other spouse, the court must convert the decree.
The Colorado Judicial Branch guide for this process, JDF 1325, lists the forms involved: a Motion to Convert (JDF 1321), an Order to Convert (JDF 1322), and a Final Decree (JDF 1019). The motion is filed in the district court that entered the legal separation. If only one spouse signs the motion, the other spouse has 21 days to file a response.
Conversion does not reopen the property division or the other permanent orders. If circumstances have changed since the separation, changes to support, maintenance, or parenting time are handled through the normal post-decree modification process.
THE LEGAL SEPARATION PROCESS IN EL PASO COUNTY
Legal separation cases for El Paso County residents are filed in the 4th Judicial District, which handles domestic relations matters at the El Paso County Judicial Building at 270 S. Tejon Street in downtown Colorado Springs. The general steps are:
- Filing a Petition for Dissolution of Marriage or Legal Separation (JDF 1101) and serving the other spouse with the petition and a Summons (JDF 1102), unless both spouses file together as co-petitioners.
- Paying the filing fee. The Judicial Branch fee list shows $260 for the petition and $146 for a response, with fee waivers available for qualifying parties.
- Exchanging the mandatory financial disclosures required by Colorado's domestic relations rules.
- Attending the court's initial status conference and, if there are children, completing any parenting program the court requires.
- Negotiating a separation agreement and parenting plan, or presenting contested issues at a permanent orders hearing.
- Entry of the decree of legal separation after the 91-day waiting period has passed.
The Judicial Branch notes that its published fees reflect January 2025 amounts and are ultimately governed by statute. Confirm the current amount at filing.
HOW OUR LEGAL SEPARATION LAWYERS HELP
The decision between legal separation and divorce affects property rights, benefits, and future options, so it deserves more than a checkbox on a form. We help clients test the reasons for choosing separation, identify plan rules and tax questions to confirm with the right professionals, and draft agreements that will still work if the separation is later converted.
Moran, Allen & Associates represents spouses in legal separation and divorce cases throughout El Paso County and Teller County. If you are weighing your options, our Colorado Springs divorce lawyers can review your situation in a consultation and explain what each path would mean for you.
LEGAL SEPARATION FAQS
Is There a Residency Requirement for Legal Separation in Colorado?
Yes. At least one spouse must have been domiciled in Colorado for the 91 days before filing. This is the same requirement that applies to a divorce under C.R.S. 14-10-106(1)(a).
How Long Does a Legal Separation Take in Colorado?
A decree cannot enter until at least 91 days after the court acquires jurisdiction over the respondent. Cases with agreements on every issue can finish soon after that, while contested cases take longer depending on the court's schedule and the issues in dispute.
Can We Live Together After a Legal Separation?
The statute does not require spouses to live in separate homes. Still, property acquired after the decree is treated as separate property, so spouses who continue sharing finances should take care to keep records and avoid mixing new assets.
Can a Legal Separation Be Undone if We Reconcile?
Reconciling spouses should talk with a lawyer about their options, because a decree of legal separation is a final order. The specific steps depend on how far the case has progressed and which orders are in place.
How Much Does It Cost to File for Legal Separation?
The Colorado Judicial Branch fee list shows $260 to file the petition and $146 to file a response. Attorney fees depend on whether the spouses agree and on how many issues need to be resolved.
SOURCES
- C.R.S. 14-10-106, Dissolution of marriage, legal separation (Justia, 2025 Colorado Revised Statutes)
- C.R.S. 14-10-113, Disposition of property (Justia, 2025 Colorado Revised Statutes)
- C.R.S. 14-10-114, Spousal maintenance (Justia, 2025 Colorado Revised Statutes)
- C.R.S. 14-10-120, Decree (Justia, 2025 Colorado Revised Statutes)
- Colorado Judicial Branch, JDF 1325 Guide to Convert a Legal Separation to a Divorce
- Colorado Judicial Branch, List of Fees