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What is property acquired after a legal separation classified as?

Sometimes, when a married couple in Colorado comes to the conclusion that their marriage is no longer working, they decide to terminate the marriage by getting a divorce.

However, sometimes, a married couple that no longer wants to live together also doesn't want their marriage to be formally terminated. There are many different reasons that a couple may have this particular desire. For married couples in Colorado who have such a desire, one option is to get a legal separation.

A legal separation allows a married couple to separate many aspects of their lives, but does not terminate their marriage.

A legal separation has many legal effects. One example is that it has impacts on what the property the parties to the separation acquire after the separation is classified as. Generally, property that an individual acquires while they are legally married is (with some exceptions) classified as marital property and thus is eligible for property division. However, when a married couple gets a legal separation, any property one of the spouses acquires after the separation is classified as separate property belonging to the spouse who acquired it and thus it will not be eligible for property division.

It can be very important for individuals who are getting legally separated from a spouse to understand what the legal effects of the separation will be. Experienced Colorado family law attorneys can give Coloradoans who desire a legal separation information on the legal effects of legal separation and can help them with the process of seeking a legal separation.

Source: Denver Bar Association, "Family Law," Accessed March 11, 2015

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