What is the Difference Between a Legal Separation vs Divorce in Colorado? | Episode 88

Legal Separation vs. Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya discusses the difference between legal separation and divorce in Colorado, using the story of Eric and Melanie Wolf to provide context. While both processes are similar, legal separation keeps the couple legally married but formalizes the separation of finances, child support, and maintenance.

Ryan explains why some people choose legal separation over divorce, whether due to religious reasons, emotional reasons, or practical considerations like insurance or tax benefits. He also addresses the process of converting a legal separation into a divorce, which is straightforward once the decree of separation is entered.

If you’re unsure whether to pursue a legal separation or a divorce, this episode offers clarity on how the two compare and why legal separation might be the right choice for some.

Episode Outline

What is Legal Separation?
Ryan explains the concept of legal separation in Colorado, highlighting that while the couple remains legally married, their finances, child support, and maintenance are formally separated.

Differences Between Legal Separation and Divorce
A deeper look into the key distinctions between legal separation and divorce, including the emotional, financial, and legal implications of both processes.

Reasons for Pursuing Legal Separation
Discussion on why some individuals opt for legal separation over divorce, such as religious beliefs, emotional readiness, insurance benefits, and potential tax implications.

The Process of Legal Separation and Divorce
Ryan walks through the steps of filing for legal separation, including the simple process of converting the separation into a divorce if both parties choose to move forward.

When to Consider Legal Separation
Practical guidance for individuals who may benefit from legal separation, including cases where there are pending financial issues, tax considerations, or a desire to maintain a marriage for personal or religious reasons.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Transcript

Ryan Kalamaya (1s):
Welcome to Divorce at Altitude, a podcast on Colorado family law. I'm Ryan Kalamaya each week, along with my business partner and cohost Amy Gosha or an expert, we discuss a particular topic related divorce or co parenting in Colorado. In addition, we have created a short series of lessons that will take you through the legal process of divorce and answer your questions from simple to complex divorce. Isn't easy. The end of a marriage, especially when children are involved, brings a great deal of loss and change. We hope these practical tips and insights will help you On your journey to a new and better life.

Ryan Kalamaya (43s):
This how to episode about legal separation and dissolution of marriage or divorce in Colorado. Now, as long time listeners know, we have a story involving Eric and Melanie Wolfe and the deterioration of their marriage. If you're unfamiliar with that story, go back and check out episode one for Eric Wolf story, you can also Google either one of their names and my last name, or find their stories on our website. Kalamaya dot law in order to kind of put things into context. Now, if we go into the marriage counselor's office, where Melanie announces that she has hired a lawyer, and instead of her saying, I'm going to be seeking a divorce, she says, I'm going to be pursuing a legal separation.

Ryan Kalamaya (1m 27s):
Eric's going to ask himself, what's the difference? Why is she doing A legal separation? The main difference between legal separation and divorce is that at the end, Eric and Melanie will still legally be married, but the process is still the same. There's a petition is filed. That petition actually in Colorado is the same. It's just a different box is checked. And One of petitioning the court for legal separation instead of dissolving the marriage, but the financial disclosures, the financial agreements that are made in terms of support and child support maintenance, they're all the same. So the question becomes, well, why would people pursue a legal separation over divorce?

Ryan Kalamaya (2m 8s):
And the question will vary, or the answer rather will vary. And it depends on people's perspectives on religion or emotions. Some pursue a legal separation because they have a Religious opposition to divorce. Some spouses may want to hold out the prospect of reconciliation, but they want to formalize the split of their finances. There might be tax or insurance related reasons. Some insurance programs will allow legally separated spouses to remain on a joint or family health insurance plan. Many other insurance plans will consider a legal separation to be effectively a divorce and we'll remove a spouse or they no longer become eligible.

Ryan Kalamaya (2m 55s):
Similarly with the IRS, after a decree of legal separation is issued. As of the recording, the IRS would consider those people to be effectively separated to the point where they could not file a joint tax return. There could also be emotional issues that people might not be ready to quote unquote, be divorced. Again, also be some retirement related benefits in particular related to spouses in the military or some sort of pension, regardless, there are different ways that people can approach this question and arrive at the same answer. And that might be that they want to pursue a legal separation instead of a divorce. Once a decree, however of legal separation is entered the process by which to convert it into a dissolution of marriage is fairly straightforward and simple.

Ryan Kalamaya (3m 43s):
So many people will start off the process and file a petition for legal separation and then convert the decree of separation into divorce. Thanks for listening or watching this short lesson on the Divorce at Altitude podcast. If you found this helpful, please leave a review or share with a friend. It does help for others that are going through or thinking about a divorce in Colorado. If you want to find out more information, please visit Kalamaya dot law or Divorce at Altitude dot com. And that's K a L a M a Y a.law. Remember, this is educational information. It's not intended to be legal advice. Please consult with an attorney about the particulars of your case.

Ryan Kalamaya (4m 26s):
We're happy to answer questions. Feel free to give us a call at (970) 315-2365.