Colorado Legal Separation Laws
What Actually Changes With a Legal Separation
A legal separation resolves the same issues a divorce does, parenting, support, and the division of property and debt, through the same court process. The difference is narrower than most people expect: a legal separation does not end your marriage.[1]
Neither spouse can remarry while a separation decree is in place, and the marriage stays legally intact until a court grants a motion to convert the separation into a divorce decree.
Whether that distinction matters to you depends on why you are considering separation in the first place, and that reason should drive the decision, not the other way around.
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Filing for Legal Separation in Colorado
Filing follows the same path as a divorce. At least one spouse must have lived in Colorado for 91 days before filing, and the only ground the petition needs to state is that the marriage is irretrievably broken, since Colorado does not require either spouse to prove fault.[1]
Colorado cannot enter the decree until at least 91 days have passed since the court gained jurisdiction over the responding spouse, whether that happens through joint filing, service of process, or the responding spouse otherwise appearing in the case.[1] No judge can shorten that period, whether or not both spouses agree on every term.
What Happens if Your Spouse Wants a Divorce Instead
Filing for legal separation does not guarantee you get one. If you ask the court for a separation and your spouse does not object, the court grants it in that form. But if your spouse objects and asks for a dissolution instead, the court can enter a divorce rather than the separation you requested, once the same residency, waiting-period, and irretrievable-breakdown requirements are otherwise met.[1]
In practice, this means one spouse cannot unilaterally lock in a separation against the other spouse’s wish to fully end the marriage. If staying legally married matters to you, that only holds if your spouse does not actively contest it.
What a Legal Separation Decree Actually Decides
The court addresses the same categories of decisions a divorce would, and a separation decree carries the same legal weight on each one:
- Parenting time and decision-making responsibility for children of the marriage, provided Colorado has jurisdiction to enter those orders.
- Child support, calculated under Colorado’s standard guidelines.[5]
- Spousal maintenance, if the facts support it under Colorado’s maintenance factors.[4]
- Division of marital property and debt, which Colorado divides equitably rather than equally.[3]
If you and your spouse cannot agree on one or more of these, the court decides for you, the same way it would in a contested divorce.
What People Get Wrong: A Legal Separation Doesn’t Expire: Some couples treat separation as a temporary holding pattern that automatically becomes a divorce after a set amount of time. It doesn’t. A decree of legal separation can remain in effect indefinitely, sometimes for years, unless one spouse actively files a motion to convert it. Nothing happens on its own.
Converting a Legal Separation Into a Divorce
Either spouse can ask the court to convert a legal separation into a divorce, but not immediately. Colorado requires at least 182 days, close to six months, to pass after the separation decree is entered before either party can file that motion.[2]
The motion also requires proof that the other spouse was notified by mail at their last-known address. Once those two conditions are met, the statute does not leave the court discretion, it must convert the decree into a dissolution of marriage.[2] Because the underlying issues were typically already resolved in the separation, this process usually moves faster than filing a divorce from scratch.
Why Some Couples Choose Separation Over Divorce
- Preserving continued access to a spouse’s employer-based or military health insurance.
- Religious beliefs that discourage or prohibit divorce.
- Wanting time and structure to decide, without the finality of ending the marriage outright.
- Easing the transition for children by keeping the family status less abruptly final.
If insurance or benefits are the main reason you are considering separation instead of divorce, confirm the specific plan’s rules before you file anything. Some employer plans end dependent eligibility on legal separation, even though the marriage hasn’t ended, while military spouses generally keep TRICARE coverage while still legally married and only lose it when a divorce becomes final.
Why This Decision Is Worth a Second Opinion
Separation and divorce require nearly identical paperwork and produce nearly identical court orders, so the decision usually comes down to what you actually want your legal status to be afterward, not which process is simpler. Colorado divorce law treats both paths seriously, and getting the terms right the first time matters whether or not you ever convert the decree later.
Our attorneys walk through both options with you before you file either one, including what happens to your specific benefits, property, and parenting arrangement under each. Acting as your North Star means telling you plainly which path fits your actual goals, not steering you toward whichever case is faster for us to handle.
Frequently Asked Questions
Does legal separation automatically become a divorce in Colorado?
No. A separation decree stays in effect until one spouse files a motion to convert it, which can happen no earlier than 182 days after the decree is entered. Some couples remain legally separated for years without ever converting.
Can I remarry after a legal separation?
No, not while the separation decree remains in place. You are still legally married. You would need to convert the separation into a divorce and receive a final decree of dissolution before remarrying.
How long does a legal separation take in Colorado?
The same minimum as a divorce: at least 91 days after the court gains jurisdiction over both spouses, whether through joint filing or service on the responding spouse, though contested issues can extend that timeline well beyond the minimum.
Do I need a lawyer to file for legal separation?
It isn’t required, but the decree carries the same weight as a divorce judgment on support, property, and parenting. Getting those terms wrong can be just as costly as getting them wrong in a divorce.
Can one spouse convert a legal separation to divorce if the other objects?
Yes. Once the 182-day waiting period has passed and proper notice has been mailed, the court is required to convert the decree, regardless of whether the other spouse agrees.
Related Issue
- Separation and divorce both require resolving the same property, support, and parenting questions, and how you resolve them matters more than which label ends up on the decree. Our guide to divorce mediation in Colorado covers how couples negotiate those terms outside a courtroom, an option worth considering regardless of which decree you’re ultimately filing for.
Find Out Which Path Fits Your Marriage
Couples often assume legal separation is the easier, softer option, a way to avoid a hard decision. It isn’t. A separation decree can carry enforceable property, support, and parenting orders much like a divorce does, but staying legally married still changes things like taxes, inheritance, and remarriage, and the wrong choice here can be difficult to unwind later.
Talk to Johnson Law Group before you file either petition. Our family law attorneys will lay out what each path actually means for your benefits, your property, and your children, plainly, in a free consultation.
Reach one of our Colorado offices today. There’s no cost to ask the question first.
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