Chapter 13 does not have the same limitations as Chapter 7 as Section 523 (a) (15) does not apply to a Chapter 13 bankruptcy filing. Call our Phoenix, Arizona office at (602) 732-3098. 5130. The other party, the respondent, will be served the petition by a third party. In many ways, the best approach is to divide IRAs during a divorce. Separate Property Most commonly, options are divided using coverture and valued using Black-Scholes. § 25-318 gives the court in a divorce case jurisdiction over the division of property held by the spouses in joint tenancy; however, in this case, the property was acquired before the adoption of the 1962 amendment and was therefore not affected by this amendment. separate property and how marital property is divided). The courts will divide your assets under one of two basic schemes: community property or equitable distribution. A. It is crucial to talk to an experienced Arizona family. App. What if I change my mind after starting a divorce case? If you and your spouse decide to stay married, the divorce case can be canceled (or "dismissed") by fil-ing a request with the Clerk of Superior Court. This can typically be done in person at the courthouse or by mail. One of the more difficult items to divide in divorce is a stock option. For more information regarding the division of stock options in an Arizona d. Arizona Divorce Rules and Property Division. To reopen a divorce settlement, you must file a motion and other legal papers with the family court. In a divorce, this may mean that there are stock options that have not been “exercised”, meaning the employee has not purchased any shares. The disclaimer deed in that divorce was signed on a home purchased during an Arizona marriage. Divorce court may take stocks as part of the marital assets to be divided among the spouses. A house is usually a couple’s largest asset, and the sale of a house can give divorcing spouses an appealing sum of money to divide. R. Each state, however, has developed its own specific rules regarding property division at the time of divorce. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. read more. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE;. North Carolina's Equitable Distribution Law requires every marital asset to be valued before it is divided, and determining the value of stock "options" has caused headaches for many Divorce Attorneys and Judge's alike. 2010), the Arizona Court of Appeals discussed whether a divorce court can divide the equity in a marital home on the basis of each spouse’s contribution of separate property to its purchase. Learn About the Valuation and Distribution Options For a Pension in an Arizona Divorce from the Experienced Attorneys at Hildebrand Law, PC. Wife claimed that these were community property assets. This sounds like a simple distinction, but sometimes the issue becomes more complicated. Rinegar, 290 P. In the Meister case, the court concluded both spouses had an ownership interest in a business. Unlike with a cash benefit, you don’t immediately enjoy full and unhindered rights over the. If you are considering a divorce in Massachusetts, and are unsure of how your stock options or RSU's will be divided, call Mavrides Law at 617. We can help you understand and get through the complex financial aspects of your divorce, including sophisticated property division issues involving stock options and other employee benefits. Property Equalization Payment for a Business and Other Property. How Are Business Assets Divided In Divorce? Generally, marital business assets are to be divided equally in a divorce. After earning a law degree from the University of Arizona, he clerked for two years for a U. Establish Support – $268. 1. Kroncke was the administrator of his father’s estate (the “Estate”) and requested the. One of the most important aspects of many divorce cases concerns what. Arizona law defines sole and separate property as property acquired prior to the date of marriage, after the date of service in a divorce, gifts to one spouse, one spouse’s inheritance, and pain and suffering damages. If you were married when you started the business and the stock vests after separation, then it will be divided according to the time rule described. Arizona Revised Statute Section 25-318(B) allows a judge to consider the taxes that will become due upon the sale of an asset, such as capital gains taxes on a home. We offer a comfortable, positive atmosphere that can help you avoid the stress and frustration of divorce litigation. k. The Arizona Court of Appeals in the case of Bell-Kilbourn vs. The new law went into effect on January 1, 2019. Community property is also known as marital property. Example: Susan and Steve have two significant assets: $100,000 equity in their home ($50,000 each) and the value of their business - $350,000 ($175,000 each). This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. Lee had to address the issues of equalization payments for the division of a business in a divorce in Arizona and whether a court can modify a business appraisal based upon a change in. Arizona case law provides formulas for determining the percentage of community interest in the options under each scenario. As Arizona is one of nine community property states in the United States, anything earned (or debt incurred) during the marriage is community property and, thus, subject to “equitable” distribution in a divorce. read more. Byington, 224 Mich. Usually, judges will assign each spouse a percentage of the total value of all the couple's marital property (sometimes called the marital or community estate), minus their debts. See all personal services. One of the most complicated steps in any divorce proceeding is the division of assets. Equity in Home: Ability to access equity may be required if the home is not being sold or one spouse wants to purchase before the home is sold or the divorce is final. The court further explained that property division should not be used to reward one spouse or penalize the other. Although equitable division usually means equal, a judge who believes that a 50/50 split would be unfair can divide the property in a different proportion after considering all. C. Call For Consultation (480)305-8300. We offer consultations that can explain your rights and legal options when it comes to divorce and separation. If you need information about what happens to an increase in the separate property during a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. PT. Identify Property. In addition to a proposed property division plan, divorce attorneys with Stewart Law Group also assist their clients in negotiating parenting plan agreement s and spousal maintenance terms. The easiest and most common method to divide stock options is to have the employee spouse who owns the option offset the agreed upon value of the option with another asset. What Are My Options for Splitting a 401(k) in a Divorce? Splitting a 401(k) or any other type of retirement asset in an Arizona divorce requires careful consideration and adherence to specific procedures. About a fourth of the states in the country divide marital property using the. Arizona residents going through a divorce and who have been carrying student loan debt may be wondering if their soon-to-be former spouses may be responsible for helping them to pay those loans since the division of property. During a divorce in Arizona, the equity is often relied upon as a bank account in the property settlement, and to start your new life. Get help navigating a divorce from beginning to end with advice on how to file, a guide to the forms you might need, and more. You can open all your accounts here. At the time of the post-decree action for division, Wife would be entitled to one half of the value of the previously undivided stock options since those stock options existed at the time of the final decree, even though without value, the options would have been community property since they were earned during marriage, and Arizona Court of Appeals Rules on Reopening a Case to Divide Assets Not Divided in a Divorce Decree In the case of Ringear v. 8 out of 5 stars. whether a spouse brought property into the marriage. However, this can change if a spouse acquired. Therefore, the community could not claim a lien. m. Mitchell, 152 Ariz. Ct. A Court Cannot Simply Divide Community Property Based on a Percentage of Each Spouse’s Contributions of Separate Property. Vested vs. Understanding and Calculating Alimony in Arizona. § 46b-40 (c) (2022). The situation is treated as though they had the stock options all along. 02. As a result, most judges favor awarding all of the stock of a business to one spouse and compensating the other spouse for his or her interest in that business through the. 1983). Therefore, stock options earned during marriage are marital property subject to. R. 265, 955 P. Absent objection, the court incorporates their separation agreement. If the restricted stock carries with it only one of the characteristics of ownership (voting or dividends, but not both) Colorado law is unclear. Rather, the court will divide property between spouses in a way that it considers fair. The Arizona Court of Appeals in the published case of Amadore v. Earnings of either spouse during a marriage are community property in Arizona. , Suite 206 Tempe, Arizona 85281. Judges hearing divorce and other family law cases prefer for the parties to settle their case and avoid litigating their cases in a final divorce or family law trial. is a divorce law firm in Yuma, Arizona that can help you understand your rights when it comes to divorce involving complex financial situations. While they what married, to husband had acquired an interest in ampere ranch with theirs father. He can give Susan his $50,000 equity in the home and provide her with a property settlement note for the. Dividing up property during a divorce settlement can be a difficult thing, even if the couple’s assets are straightforward. Johnson case presented an excellent analysis of how retirement accounts are divided in a divorce in Arizona. A spouse has. The marital property will be divided in the divorce by the judge if you cannot settle. In order to keep the business, Steve will need to come up with $175,000 for Susan. If this is your situation, I invite you to call me. 2010), the Arizona Court of Appeals discussed whether a divorce court can divide the equity in a marital home on the basis of each spouse’s contribution of separate property to its purchase. 2d 214, 116 Ariz. Jimenez had to address the issue, among others, of whether an Arizona divorce court has the legal authority to join a third party in a divorce case for the purpose of allowing a spouse to bring a fraudulent conveyance claim in an Arizona. valuation of stock holdings and debt in an arizona divorce; loans before marriage in arizona; creditor lien on joint tenancy property in an arizona divorce; increase in value. Buffy will recognize $10,000 of ordinary income (1000 shares x the $10 spread per share). 2010) the Arizona Court of Appeals discussed when a divorce court could divide community property equitably instead of equally. Determining whether stock options may be transferred to a nonemployee spouse and, if so, how to divide them differs in each case. Arizona law describes what happens if the community invests money in the separate property of one spouse. Family Law. Strange as it. R. 317, 319, 732 P. If you have more questions beyond "how are stock options from employers divided in a divorce," contact our Virginia family lawyers online or call (888) 530-4374 to schedule a consultation. Though the couple was divorced, Lazar’s name remained without change as beneficiary on the IRA. This can only be rebutted by clear and convincing evidence to the contrary. Before diving deeper into how stock options are divided in a divorce case, an individual should have a basic understanding of how any type of property is distributed in a California marriage dissolution case. T. The employee can hold the non-employee’s share in a constructive trust. This does not automatically mean that each spouse will. The most equitable thing to do is to. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS. After cashing in nearly US$30,000 to pay support, the husband saw his remaining unexercised stock options drop in value to about US$7,600 by the time of trial. 2d 208 (Ariz. In other words, after the value of stock options is ascertained by an expert witness, like a forensic accountant, the. Family Law: Transferring Private Company Interest in Divorce—Going Beyond the Basics to Ensure Continued Success and Avoid Conflicts. Located in Marietta, we offer experienced and compassionate legal guidance for families throughout Metro Atlanta and across Cobb, Cherokee, Paulding, Bartow, DeKalb, Douglas, Fulton, Gwinnett, and Clayton counties. Let our property division lawyers use our knowledge and experience to put a price on your stock options and figure out how to make them work as part of your proposed plan for the division of marital assets. valuation of stock holdings and debt in an arizona divorce; loans before marriage in arizona; creditor lien on joint tenancy property in an arizona divorce; increase in value of a separate property business stock in an arizona divorce; statements regarding property are binding in an arizona divorce; debts not included in a divorce decree in arizona With market traded stock options, the common way to divide them is for the divorcing employee to keep the stock options while giving the spouse other assets with the equivalent value. The trial court awarded them to the mate as his. For a complete list of Maricopa County Superior Court visit their website. Divorce: equitable distribution doctrine, 41 A. “During the marriage” is defined as the period from the date of marriage to the date of service, or the date a spouse is served with a Petition for Dissolution of Marriage (a. He also ordered Mr. Further, the disclaimer deed will clearly state that the spouse signing it is waiving (disclaiming) any interest in the house being purchased. a. Pensions, IRAs, 401Ks and retirement plans are also considered community property in Arizona which means they must be divided equally in a divorce. Czarnecki retired from the military that same year and received retirement benefits. This process is known as cashing out your life insurance policy. VALUATION OF STOCK HOLDINGS AND DEBT IN AN. In Jurek v. A stock option provides the employee an option to purchase company stock at a stated price,. There are a few different options couples can consider when it comes to dividing the family. Stock plans rarely allow. The law also states that equitable usually means equal—but a judge who believes that a precisely equal division would be unfair can divide the property in a different proportion after considering the following factors: length of the marriage. Under the deferred distribution model, at the time of your divorce, the court or the couple will come up with an appropriate formula by which you will be paid when your employee spouse exercises. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;If the stock options are vested, they are considered property and would then be divided as any other property item (i. See moreDistributing Stock Options During an Arizona Divorce. CIT Bank is a solid option if you’re looking for a high-interest savings account with no monthly fees. Mrs. The keys to dividing stock options in a Texas divorce. Ct. Anderson, 256 P. The cash value from a life insurance policy represents part of your net worth as a couple. Over 15 million employees have stock options and restricted stock plans, and this number is expected to balloon in the coming years. Foster, the husband filed an appeal of the trial court’s division of guns in an Arizona divorce. read more. Filing on. In most states, couples can handle asset division by mutual agreement. One spouse, the plaintiff, files a complaint with the clerk of court to start a divorce. Certified Legal Specialist - AV Top Rated Law Firm. changing the way owners hold title to the property. A quarter of those vest every year for the next four years. March 21st, 2022. after the date of separation (see below). Legal wrangling aside, if you and your ex need to purchase a new policy after your divorce, you’ll need to determine if term or permanent life insurance is the best choice. pricing is a means to determine the best value and avoid the peril of trying to sell an overpriced home. 254. C. L. One of the thorniest issues in divorce is the division of property. In the vast majority of cases, itDividing 401 (k)s and pensions can seem quite complex because you need to obtain a Qualified Domestic Relations Order (QDRO), which is a court order separate from a divorce decree. A judge, therefore, must make a division of. A. Arizona Revised Statute Section 25-312(1) requires that either you or your spouse must be a resident of Arizona for at least 90 days to file for divorce in Arizona. Taylor, 329 N. Arkansas law requires an equitable, or fair, division. Muchesko and Mr. 001. California appellate case law has two “time rule” formulas that can be applied to such options. Like many other states, Arizona will distribute property resulting from the marriage only if that property was acquired during the marriage. The trial court limited her obligation to the extent of the community property she received in the divorce. App. A division of individual retirement accounts (IRAs) can be ordered in a divorce decree or a property settlement agreement that's been recognized by the court. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. Kingsberry and Mr. The Court of Appeals reviewed Arizona case law about how personal injury or disability recoveries should be treated in an Arizona divorce. No. There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. January 25, 2019. In any case, if one party is willing to stay in the house, then they will need to purchase the other spouse out. ) In Pennsylvania, the one-year desertion must be both willful and malicious, without any reasonable cause. When a couple owns a complex stock portfolio that may include everything from individual stocks, they brought into the marriage to 401(k) accounts to vesting options with their employer, then the question of how stocks are. Rio Salado Pkwy. Your divorce attorney will closely review all stock options to ascertain your rights. Contact an experienced family law attorney today by calling the law offices of DeShon Laraye Pullen PLC at 602-252-1968. If you have questions about sharing a personal injury settlement in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;Stock Option Challenges. Step 3 - How to respond to a divorce, set a default hearing, submit a consent decree, prepare for trial. As a Phoenix contested divorce attorney with over two decades of legal experience, I have the knowledge and skills to vigorously represent clients in highly acrimonious dissolutions. 3d 599 (Ariz. e. § 25-324. The terms “fair” and “equitable” has been defined to mean substantially equal. Cons. Although Family Court. If the parties are unable to agree upon the division of their property, the court will assign to each party any sole and separate property belonging to him or her and will “fairly and equitably” divide the remaining community property. He can be reached at (312) 346-6392. DISSOLUTION OF MARRIAGE. However, an Arizona judge may only consider those capital gains taxes if a sale of the. In an Arizona divorce, the marital home falls within the scope of community property when spouses acquired the home during the marriage. In our discretion, we decline to award Wife attorney’s fees under A. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA DIVORCE; HOW IS COMMUNITY PROPERTY DIVIDED IN ARIZONA;One of the most important aspects of many divorce cases concerns what. Brette's Answer: If a spouse has reason to believe the other spouse might waste (sell, dispose of) marital assets it is considered reasonable to have them held for safekeeping by the attorney. HOW STOCK OPTIONS ARE DIVIDED IN. In Van Loan v. S. 1. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. Additionally, a complex calculation is necessary to determine how stock options should be divided upon divorce, should they be deemed marital property. For example, if you have stock options that have not vested during the marriage, they may not be included in the marital pot. 2d 795 (Minn. Mesa, AZ 85202. Divorcing spouses will most likely benefit from hiring a real estate agent to manage the selling process and offer advice on key. In many divorce cases, the couple’s credit scores get hit from a combination of things before and during a divorce. Stock Options and Divorce in Arizona. The Minnesota Supreme Court outlined a method of division for vested but unmatured benefits in the case Taylor v. L. He paid $10,000 from a business fund, gave a note to the seller for $5,000 and borrowed $30,000 from the bank. read more. Spouses can divide assets by assigning certain items to each spouse, possibly with an equalizing payment if one spouse gets substantially more than the other, or by selling property and dividing the proceeds. Types of Business Appraisals in an Arizona Divorce From Hildebrand Law, PC. Van Loan 569 P. The court awarded some of the guns to the husband as his sole and separate property but divided other firearms as community property. If the couple divorces or obtains a legal separation, the court will decide how the marital property will be divided. One of the most important aspects of many divorce cases concerns what. 2017). Ct. Generally, filing fees range from $200 to $250, with additional costs for court-related services. Landman, 212 P. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property and family law cases. The husband admitted in a verified answer that the retirement account was community property. You can read the law on the division of property and spousal support in the Ohio Revised Code Sections 3105. This does not necessarily mean that the property will be divided equally, but rather that it will be divided in a way that is fair and equitable given the circumstances of the marriage and the parties involved. One such option is for you to take 50% of the money in all joint bank accounts and leave the other 50% for your spouse. Rio Salado Pkwy. In the case of In Re Marriage of Inboden, 225 P. We're available Mon-Fri 5 a. Rather than giving the. Keep in mind, however, that the sale of the house will have associated costs. 592, 598–99 (App. Equalization Payments. It sent the case back down to the divorce court to apportion the $79,000 between separate and community property. An experienced lender can help with analyzing the situation and determining what can be done to fix the credit and raise the scores. One example of a case where the assets were divided equitably but not equally is Toth v. Retirement Assets. 70. Landers is president and founder of Bedrock Divorce Advisors and Bedrock Wealth Management. Open a credit card in your name alone. 3d 1208 (Ariz. Mitchell v. The court will look at the value of the stocks, as well as any other assets, and decide how to divide them between the. 229, 508 P. m. Sfeir, where a support-paying husband’s stock options, originally worth about USD$90,000, depreciated drastically after the valuation date. Ask us about your concerns and consult with us regarding divorce representation. In the dissolution of marriage in Arizona, all marital property and debt must be distributed between spouses. To schedule a consultation with one of our skilled student loan settlement attorneys, call (855) 976-5777 or fill out our online contact form. California is what is known as a community property state. App. These few techniques are the most basic courses for spouses to divide a business in a divorce. 3d 599 (Ariz. In Stevens v. Ct. It noted that, under Arizona law, it is the superior court’s job in a divorce to divide all community property held by a couple. Florida Divorce Laws. The Final Decree of Divorce will: list the community property each spouse will keep or, in some circumstances, order community property (such as a. $204,004. The following is an overview of the community property laws of Arizona as they apply to financial. If you are getting divorced in Yuma, Arizona, you and your partner will need to make decisions about how you’ll divide your assets and debts. Judges understand divorce can have a negative impact on the children. The division of community property, due to death or divorce, varies in. Czarnecki filed for a divorce from Mr. , is it marital or separate, if marital how is it going to be divided to reach an equitable distribution- see prior blog posts on the determinations of marital v. Military Retirement Pay may also be divided in an Arizona divorce. That doesn’t mean that the husband gets $210,000- it means that the wife. , the first party 50% and the second party 50%). Florida judges consider several factors when dividing property, including: each spouse's income and earning potential. One spouse, the petitioner, will be responsible for filing the divorce petition and declaring the grounds for the divorce. An option is exercised when the employee purchases the stock under the terms of the. An Arizona Superior Court must have jurisdiction to process a divorce case. The Court of Appeals, citing the case of Koelsch vs. 4th 481. Dividing the Property. Call us today at (480)305-8300 or reach out to us through. Different sorts of property can be significantly harder to divide. It awards half of that amount to the nonemployee spouse in the form of equivalent property. 2009) presented a host of legal issues, both big and small, related to such a motion. Stock options earned during the marriage are divisible in divorce. However, special circumstances exist in certain cases of military benefits, such as Combat-Related Special Compensation payments and other forms of military disability payments that may not be divided in an Arizona divorce. The Arizona Supreme Court noted two methods of determining that interest. , Suite 206 Tempe, Arizona 85281. Arizona residents going through a divorce and who have been carrying student loan debt may be wondering if their soon-to-be former spouses may be responsible for helping them to pay those loans since the division of property includes not only assets but debts. For the sake of general discussion, we have broken family law appeals into three broad areas: Divorce appeals; Child custody appeals; and. As of the date of trial, the wife owned 20,069 stock options awarded between April 14, 1987 and November 15, 1991. Getting a full disclosure from your former spouse about each employment benefit is immensely important. For example, if $10,000 in marital assets were hidden, the judge may order the spouse who hid the assets to pay $5,000 to the other spouse. Call For Consultation (480)305-8300. Divorce and separation: treatment of stock options for purposes of dividing marital property, 46 A. Unvested Stocks in Divorce Law. By analogy, if an account has 100 shares of ABC stock in it as of date of separation/divorce and the value of those shares is $10 a share, then the alternate payee can expect to receive 50 shares of ABC stock (which at. The appellate court presumed the decree to be fair and equitable. At Cohen Family Law, our practice is dedicated to helping families in Arizona find amicable solutions to these challenges. A property settlement agreement becomes a legally binding part of the final judgment when your marriage is officially dissolved. Adding your spouse to the title to your sole and separate home constitutes a gift of your separate property to the community. The four premises of value Arizona court’s may apply to a business appraisal in a divorce case are the “going concern premise,” “value of the assets premise,” “value of the sale of the assets premise,” “value of the assets in an expedited liquidation premise. You need to get an attorney. The property remains separate but the community has a lien for the amount invested. Under this method, the court determines the community interest in the pension and its present cash value. Stock Options and Restricted Stock and Your Divorce. to 7 p. Arizona law requires a fair (or “equitable”) distribution of divorcing spouses’ community assets, and, in most cases, this will mean a 50-50 split. Our network attorneys have an average customer rating of 4. 50. App. He is a Certified Divorce Financial Analyst™, Chartered Retirement Planning Counselor. Once again, start with the basic concept that a. Paul L. The percentage the other spouse is entitled. Accordingly, that property must be. In such event, it is clear what party will receive the business. That way, they can take advantage of all the time- and cost-saving benefits of uncontested divorce (discussed below). 1095 W. Assessing the difference between the stock's. HOW STOCK OPTIONS ARE DIVIDED IN AN ARIZONA. The amount each spouse receives of the pension depends upon: How much of the pension was earned by the employee spouse before marriage or after service of the. . When it comes to stock options and deferred compensation in divorce, attorneys typically have many questions. You will not have an impact on your taxes from what they do with the stock options. Mrs. Stat. , Suite 206 Tempe, Arizona 85281. m. 1997), the Arizona Court of Appeals had to determine the impact of a divorce settlement agreement between Mrs. In the case of In Re Marriage of Inboden, 225 P. A stock option is a legal right to purchase one share of stock for a specific price (the strike price), regardless of the price at which the stock is actually trading. One role is that of a forensic accountant in locating all assets and liabilities for marital division. One of the more common concerns I encounter as a Divorce attorney in Arizona is with new or prospective divorce clients is a real fear that their soon-to-be ex-spouse will dispose of community assets before the court has a chance to divide the property. Contact our experienced Mesa Divorce Lawyer and family law attorneys for a free consultation. Meister addressed the analysis a judge should apply when choosing the valuation date of a business in an Arizona divorce. Although the vast majority of Arizona divorces will not involve Silicon Valley stock options, there are many local startups that may have offered stock options as an employment benefit. Remember, the divorce will have a. In some cases, it is clear that only one of the spouses can continue to operate the business. Community property belongs to both spouses jointly (often referred to as the "community estate. . A judge will divide a divorcing couple's property and debts, unless the couple is able to reach a settlement agreement. Call our team at 303-695-0200 to learn more about your assets and Colorado’s equitable division laws today.