Legal Separation vs. Divorce in Colorado
Colorado is one of 41 states that allows legal separation as an alternative to divorce. It’s essentially the same process—you divide assets, determine custody, establish support—but the marriage technically remains intact. Why would anyone choose that?
Reasons People Choose Legal Separation
Religious or personal beliefs. Some people’s faith prohibits divorce but not separation. A legal separation lets them live independently and protect their financial interests without dissolving the marriage.
Health insurance. If one spouse is covered under the other’s employer-sponsored health plan, divorce terminates that coverage. Legal separation may allow continued coverage under some plans. This depends on the specific policy—always verify with the insurance carrier before relying on this.
Uncertainty. Some couples aren’t sure they want to end the marriage permanently. Legal separation creates legal clarity around finances and custody without closing the door on reconciliation. If you later decide to divorce, the separation can be converted.
Military benefits. Certain military benefits require a minimum marriage duration. Separation may preserve eligibility that divorce would end.
The Process Is Identical
Same filings, same financial disclosures, same property division, same custody determination, same 91-day waiting period. The legal process doesn’t differ. The outcome does—you’re separated, not divorced. You cannot remarry. But your assets are divided, support is ordered, and custody is established, all with the same legal force as a divorce decree.
Converting to Divorce
Either party can convert a legal separation to a divorce at any time by filing a motion. The court typically uses the same terms from the separation unless there’s a reason to revisit them. This makes legal separation a practical option for people who need legal structure now but aren’t ready for finality.
Whether separation or divorce is right for your situation depends on your specific circumstances. At Burnham Law, we walk you through both options and help you make the decision with full information.