Colorado Dissolution Cases of Interest

• Appeal
  In re Marriage of Burford, 950 P.2d 682 (Colo. Ct. App. 1997).
  The wife did not waive her right to appeal by accepting the benefits of the equitable distribution order.
  
  
• Bifurcation
  Estate of Burford v. Burford, 935 P.2d 943 (Colo. 1997).
  The trial court's bifurcation of the proceedings, allowing entry of a dissolution decree but deferring the resolution of financial matters, was in the best interests of the parties under the exceptional circumstances of the case.
  
  
• Classification of Assets
  In re Marriage of Renier, 854 P.2d 1382 (Colo. Ct. App. 1993).
  Stock shares purchased during marriage with marital funds through options acquired before marriage were marital property. Additional shares husband acquired during marriage were also marital, since he failed to trace those shares to stock split of shares acquired before marriage.
  
  In re Marriage of Miller, 915 P.2d 1314 (Colo. 1996).
  To the extent that an employee stock option is granted in consideration of past services during marriage, the option constitutes marital property when granted. 
  
  In re Marriage of Foottit, 903 P.2d 1209 (Colo. Ct. App. 1995).
  Income received during marriage from separate property is marital property, because it does not fall within the statutory exceptions to marital property.
  
  In re Marriage of Speirs, 956 P.2d 622 (Colo. Ct. App. 1997).
  Unpaid student loans obtained by the wife during the marriage were marital property and were properly distributed between the parties.
  
  In re Marriage of Breckenridge, 973 P.2d 1290 (Colo. Ct. App. 1999). 
  A lump sum workers' compensation settlement that was awarded to the husband shortly before the parties' dissolution was his separate property to the extent it compensated him for the loss of post dissolution income or earning capacity.
  
  In re Marriage of Huston, 967 P.2d 181 (Colo. Ct. App. 1998).
  Nonvested stock options are not property subject to equitable distribution; any marital component of vested stock options may be distributed through reserved jurisdiction or other appropriate methods.
  
  In re Marriage of Bartolo, 971 P.2d 699 (Colo. Ct. App. 1998).
  The parties' former marital residence was the wife's separate property where the husband gave his interest in the property to the wife shortly before the parties separated.
  
  
• Closely Held Corporations
  In re Marriage of Banning, 971 P.2d 289 (Colo. Ct. App. 1998).
  The trial court acted within its discretion by utilizing the excess earnings method to value the husband's business and its goodwill.
  
  
• Closely Held Businesses
  In re Marriage of Antuna, 8 P.3d 589 (Colo. Ct. App. 2000).
  The husband was not prejudiced by the late receipt of the report of the wife's valuation expert concerning her interest in her medical practice.
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• Death of Spouse
  In re Estate of Westfall, 942 P.2d 1227 (Colo. Ct. App. 1996) (released 1997).
  The wife's designation of her brother as the beneficiary on solely owned accounts to which she transferred jointly held marital funds after filing a dissolution action was not a transfer or encumbrance prohibited by the automatic stay provisions of the state equitable distribution statute.
   
  
• Debts
  In re Marriage of Plesich, 881 P.2d 379 (Colo. Ct. App. 1994).
   
  "Hold harmless" provision in the dissolution judgment was intended to require that the husband compensate the wife for the fair market value of the property apportioned to her in the property division.
  
  In re Marriage of Speirs, 956 P.2d 622 (Colo. Ct. App. 1997).
  Unpaid student loans obtained by the wife during the marriage were marital property and were properly distributed between the parties.
  
  
• Dissipation of Assets
  In re Marriage of Huston, 967 P.2d 181 (Colo. Ct. App. 1998).
  The parties' marital estate included the value of stock shares at the time when they were liquidated by the wife in violation of a temporary injunction against transferring property.
  
  
• Division of Property
  In re Marriage of Speirs, 956 P.2d 622 (Colo. Ct. App. 1997).
  Unpaid student loans obtained by the wife during the marriage were marital property and were properly distributed between the parties.
   
  
• Employee Benefits
  In re Marriage of Miller, 915 P.2d 1314 (Colo. 1996).
  To the extent that an employee stock option is granted in consideration of past services during marriage, the option constitutes marital property when granted.
           
  In re Marriage of Miller, 888 P.2d 317 (Colo. Ct. App. 1995).
  Stock options that the husband received during marriage but could not exercise until after the dissolution were not wholly marital; the wife was entitled to one half of the marital portion of the net profits from the options when the husband exercised them.
  
  
• Factors in Award
  In re Marriage of Casias, 962 P.2d 999 (Colo. Ct. App. 1998).
  The trial court has discretion to determine how heavily to weigh the parties' contributions versus their economic needs.
  
  
• Gifts
  In re Marriage of Bartolo, 971 P.2d 699 (Colo. Ct. App. 1998).
  The parties' former marital residence was the wife's separate property where the husband gave his interest in the property to the wife shortly before the parties separated.
   
  
• Income
  In re Marriage of Foottit, 903 P.2d 1209 (Colo. Ct. App. 1995).
  Income received during marriage from separate property is marital property, because it does not fall within the statutory exceptions to marital property.
   
  
• Jurisdiction
  In re Marriage of Akins, 932 P.2d 863 (Colo. Ct. App. 1997).
  The trial court in Colorado, where the parties used to have their marital domicile and where the wife still lived, could exercise long arm jurisdiction over the husband, but the husband's past domicile in, or minimum contacts with, Colorado could not form the basis for the exercise of subject matter jurisdiction to divide his military pension.
  
  
• Military Benefits
  In re Marriage of Riley Cunningham, 7 P.3d 992 (Colo. Ct. App. 2000).
  Could the trial court use the net present value method to distribute a military pension?
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  In re Marriage of Akins, 932 P.2d 863 (Colo. Ct. App. 1997).
  The trial court in Colorado, where the parties used to have their marital domicile and where the wife still lived, could exercise long arm jurisdiction over the husband, but the husband's past domicile in, or minimum contacts with, Colorado could not form the basis for the exercise of subject matter jurisdiction to divide his military pension.
  
  
• Pensions
  In re Marriage of Riley Cunningham, 7 P.3d 992 (Colo. Ct. App. 2000).
  Could the trial court use the net present value method to distribute a military pension? Subscription Read More About This Case
  
  
• Post Decree Proceedings
  In re Marriage of Plesich, 881 P.2d 379 (Colo. Ct. App. 1994).
  "Hold harmless" provision in the dissolution judgment was intended to require that the husband compensate the wife for the fair market value of the property apportioned to her in the property division.
  
  
• Premarital Property
  In re Marriage of Renier, 854 P.2d 1382 (Colo. Ct. App. 1993).
  Stock shares purchased during marriage with marital funds through options acquired before marriage were marital property. Additional shares husband acquired during marriage were also marital, since he failed to trace those shares to stock split of shares acquired before marriage.
  
  
• Stocks
  In re Marriage of Balanson, No. 99SC811 (Colo. May 29, 2001).
  What should be the appropriate treatment of unexercised stock options, future interests in family trusts, and interspousal gifts? The couple here married in 1971. The wife filed a petition to dissolve the marriage in April 1997. The court entered a decree of dissolution effective October 1997.
  
  
• Stock Options
  In re Marriage of Huston, 967 P.2d 181 (Colo. Ct. App. 1998).
  Nonvested stock options are not property subject to equitable distribution; any marital component of vested stock options may be distributed through reserved jurisdiction or other appropriate methods.
           
  In re Marriage of Miller, 915 P.2d 1314 (Colo. 1996).
  To the extent that an employee stock option is granted in consideration of past services during marriage, the option constitutes marital property when granted.
           
  In re Marriage of Miller, 888 P.2d 317 (Colo. Ct. App. 1995).
   
  Stock options that the husband received during marriage but could not exercise until after the dissolution were not wholly marital; the wife was entitled to one half of the marital portion of the net profits from the options when the husband exercised them.
           
  In re Marriage of Renier, 854 P.2d 1382 (Colo. Ct. App. 1993).
  Stock shares purchased during marriage with marital funds through options acquired before marriage were marital property. Additional shares husband acquired during marriage were also marital, since he failed to trace those shares to stock split of shares acquired before marriage.
  
  
• Torts
  In re Marriage of Gance, No. 99CA1627 (Colo. Ct. App. March 29, 2001).
  In a combined action for independent equitable relief and damages, the husband appealed a judgment modifying permanent orders for property distribution and maintenance and awarding the wife damages, exemplary damages, and attorney's fees, based upon the husband's fraudulent concealment of assets and income in a dissolution proceeding.
  
  
• Valuation of Property
  In re Marriage of Antuna, 8 P.3d 589 (Colo. Ct. App. 2000).
  The husband was not prejudiced by the late receipt of the report of the wife's valuation expert concerning her interest in her medical practice.
           
  In re Marriage of Huston, 967 P.2d 181 (Colo. Ct. App. 1998).
  The parties' marital estate included the value of stock shares at the time when they were liquidated by the wife in violation of a temporary injunction against transferring property.
           
  In re Marriage of Banning, 971 P.2d 289 (Colo. Ct. App. 1998).
  The trial court acted within its discretion by utilizing the excess earnings method to value the husband's business and its goodwill.
  
  
• Worker's Compensation
  In re Marriage of Breckenridge, 973 P.2d 1290 (Colo. Ct. App. 1999).
   
  A lump sum workers' compensation settlement that was awarded to the husband shortly before the parties' dissolution was his separate property to the extent it compensated him for the loss of post-dissolution income or earning capacity.

The above does not constitute legal advice, but is merely a recitation of Colorado cases of interest.