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Appealing property division in a divorce can be very tough

In most Colorado divorce proceedings, one of the main problems that must be solved is how to split up the marital property. If the couple has a prenuptial agreement, division of property may be predetermined. But a lot of couples did not create a prenup, or one spouse may dispute the document.

This process tends to be more complex the more property there is to divide. High-asset divorce can become contentious when the spouses are unable to negotiate a settlement. In that case, it could be up to the court to determine an equitable division of property.

Once a court rules on this subject or accepts a settlement, it is reluctant to change its mind. In general, to successfully appeal a property division order, you must prove at least one of the following:

  • The judge made a mistake in considering the facts of the case
  • The judge misapplied state divorce law
  • You were somehow defrauded into accepting the deal
  • You “agreed” to the settlement under duress

In other words, it is probably easier to make sure that you get a fair share of the marital assets the first time. One way to defend your interests is to make sure you have an accurate account of how much money you will need, and the extent of all of you and your spouse’s assets, such as bank and retirement accounts. In addition, you should make sure to clearly communicate your goals to your divorce attorney, so that he or she can represent your interests as closely as possible.

Of course, other factors like child custody and spousal support may come into play in a divorce, but without an equitable division of assets, the divorce cannot be complete.

Source: Time, “The 7 Biggest Money Mistakes That Divorcing Women Make,” Lili A. Vasileff, July 9, 2014

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Leesburg, VA 20176

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