Ciancio Ciancio Brown, P.C.

Denver (303) 395-4773 Broomfield (303) 872-8919

Breckenridge (970) 285-3077 Toll-Free (800) 746-3560

We’re Open. We continue to monitor the health situation closely, the health and well-being of our clients and employees is of the utmost importance. The impact of this health event is quickly changing. But our commitment and service to you is always the same. We are still available for inquiry or consultation via phone, video conference, or online. Contact us at (303) 395-4773 or at [email protected]

Leaders in Litigation

How does a legal separation affect child custody?

In Colorado, a couple has the option of filing for divorce or for legal separation with children.  Spouses typically are no longer financially responsible for each other after a legal separation, save for any spousal support provisions in the decree of legal separation. Yet legally separated spouses cannot remarry until they actually divorce. Does that seem inefficient?

Before answering in the affirmative, readers should know about the unique benefits of a legal separation. Since legally separated spouses are still married, despite living apart, they might be able to retain insurance or retirement benefits, as well as inheritance rights. Of course, the couple might agree to terminate these rights in their separation agreement. Otherwise, the separated spouse might remain a beneficiary or fiduciary in the other spouse’s will, possibly even retaining joint ownership of property.

When children are involved, the inheritance rights that are preserved in legal separation might present a significant advantage. At the same time, a separation agreement can address many of the same issues as a divorce agreement.

At a minimum, a separation can buy a couple more time than a divorce. Whereas the court in a divorce proceeding will need to come to a final resolution, a legally separated couple does not need to have a permanent resolution. Indeed, the separation can be revoked, should the couple reconcile. Alternatively, a separated couple might also decide to file for divorce after they have had time to work through issues of support and property division.

Our firm offers a broad array of family law and divorce services. We can help you decide whether legal separation might be right for you.

Source: Colorado Judicial Branch, “Divorce or Legal Separation - WITH Children Forms

Email us your case details

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Broomfield Office
390 Interlocken Crescent
Suite 350
Broomfield, CO 80021

Toll Free: 800-746-3560
Phone: 303-872-8919
Fax: 303-464-8000
Broomfield Law Office Map

Denver Office
1660 Lincoln Street
Suite 2000
Denver, CO 80264

Toll Free: 800-746-3560
Phone: 303-395-4773
Denver Law Office Map

Breckenridge Office
106 North French Street
Suite 230
Breckenridge, CO 80424

Toll Free: 800-746-3560
Phone: 970-285-3077
Breckenridge Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.