Separation agreement in Colorado: what it is and how to get one

Last updated 2026-07-10

What is a separation agreement in Colorado?

The document most people call a "separation agreement" in Colorado goes by a few official names: Separation Agreement, Marital Settlement Agreement (MSA), or Stipulation and Agreement. Same thing. It's a written contract between spouses that resolves every disputed issue in a divorce or legal separation before a judge ever reads the file.

Colorado courts require this document in every uncontested divorce. No agreement, no final decree. The Colorado Revised Statutes, specifically C.R.S. § 14-10-112, govern separation agreements in divorce cases and spell out exactly when a court must accept or reject what you've written.^[1]

The agreement covers four areas: division of marital property and debt, spousal maintenance (what other states call alimony), parenting time and decision-making for children, and child support. No kids and little property? Your agreement can run two pages. A marriage with a business, a pension, and a custody fight can produce 30 pages or more.

Here's something to get straight upfront. Colorado uses the term "legal separation" to mean something different from divorce. A legal separation keeps you married on paper while a court order governs your finances and parenting. An uncontested divorce (called dissolution of marriage in Colorado) ends the marriage entirely. Both use a separation agreement. The end result is different. Most people filing on their own want dissolution.

What does a Colorado separation agreement have to include?

Colorado courts won't approve an agreement that's vague or missing pieces. Under C.R.S. § 14-10-112(2), a court must enforce the agreement unless it finds the terms "unconscionable" or that adequate financial disclosure wasn't made.^[1] That phrase sets the floor. Your agreement has to show both people knew what they were signing.

Here's what every Colorado separation agreement needs.

Property division. List every marital asset: the house (with address and how title transfers), vehicles (year, make, VIN), bank and investment accounts (institution name, last four digits), retirement accounts, any business interests. Assign each one to a spouse or spell out how it gets sold and the proceeds split. Colorado is an equitable distribution state, not a 50/50 state by default, though most uncontested agreements split things roughly evenly.^[2]

Debt assignment. Credit cards, car loans, mortgages, student loans, medical debt. Every debt needs a named owner going forward and language saying that spouse holds the other harmless if they default.

Spousal maintenance. If one spouse pays support to the other, the agreement states the monthly amount, start date, duration, and the conditions that end it (remarriage, death). Colorado has advisory guidelines based on income and length of marriage, but those are not mandatory in a settlement.^[3] You can agree to any amount both people accept.

Parenting plan (if you have children). Colorado calls this a Parenting Plan. It must address a residential schedule (where the kids sleep each night of the year, holidays included), decision-making responsibility (legal custody, in plain English), and how parents communicate and settle disputes. The court applies a "best interests of the child" standard under C.R.S. § 14-10-124 when reviewing any parenting plan.^[4]

Child support. Colorado uses an Income Shares model set out in C.R.S. § 14-10-115.^[5] You don't get to invent a number. The agreement has to show a child support calculation that matches the state guidelines, and you'll file a completed Child Support Worksheet (Form JDF 1821) alongside it. A judge can reject an agreement that departs from the guidelines without good cause.

Financial disclosures. Both spouses complete a Sworn Financial Statement (Form JDF 1111, or JDF 1112 if children are involved).^[6] The agreement won't hold up without them.

How is a Colorado separation agreement different from a legal separation?

"Separation agreement" is the name of the document. "Legal separation" is a legal status. Those two things trip up a lot of people, so keep them apart in your head.

A legal separation in Colorado (C.R.S. § 14-10-106) keeps the marriage legally intact while a court order governs finances and parenting.^[7] Couples choose it for religious reasons, to keep health insurance through a spouse's employer plan, or because they haven't lived in Colorado long enough to file for divorce (the residency requirement is 91 days).^[8]

A divorce (dissolution of marriage) ends the marriage completely. After a divorce, you can remarry. After a legal separation, you can't until you convert the separation into a divorce.

Both require a signed separation agreement, and the forms are nearly identical. If you file for legal separation and both spouses later want out, either party can convert the case to dissolution six months after the separation decree is entered, and the court usually adopts the same agreement terms.

So here's the rule. If your goal is to be fully divorced, file for dissolution of marriage, not legal separation. Legal separation is a specific tool for specific situations.

Does Colorado require a separation agreement before you can divorce?

Yes, in any uncontested divorce. The Petition for Dissolution of Marriage (Form JDF 1101) starts the case, but the court won't enter a final decree without a signed Separation Agreement resolving all issues.^[9]

If spouses can't agree, the case becomes contested and goes to mediation or trial. A judge then issues orders instead of approving a mutual agreement. That path is slower, costs more, and hands the decision-making to a stranger in a robe. The agreement route keeps both spouses in control of the outcome.

Colorado also has a mandatory 91-day waiting period from the date the respondent is served (or waives service) before any divorce can be finalized.^[8] You can sign and file your agreement on day one, but the judge still can't enter the decree until that window closes. For straightforward cases, most uncontested divorces wrap up in 3 to 6 months total.

What forms do you need to file a separation agreement in Colorado?

The Colorado Judicial Branch publishes every form you need for free at courts.state.co.us.^[9] Here's the core packet for an uncontested dissolution with children.

Form Number	Form Name	Purpose
JDF 1101	Petition for Dissolution of Marriage	Starts the case
JDF 1102	Summons	Served on the other spouse
JDF 1104	Case Information Sheet	Court admin data
JDF 1110	Separation Agreement	The main contract
JDF 1112	Sworn Financial Statement (with dependents)	Income/expense disclosure
JDF 1113	Parenting Plan	Residential schedule and decision-making
JDF 1820	Motion to Calculate Child Support	Triggers the calculation
JDF 1821	Child Support Worksheet	The actual numbers
JDF 1115	Decree of Dissolution	The final court order (judge signs this)

For cases without children, you swap JDF 1111 for the financial statement and skip the parenting forms. Some counties also want a Separation Agreement Cover Sheet or a Certificate of Service. Check your county's local rules on the Colorado Courts website before you file.

If you want these pulled together with instructions built in, DivorceClear's $149 document packet assembles the full Colorado uncontested divorce set from your answers, so you're not hunting across the Judicial Branch site trying to match form numbers.

How do you write a separation agreement in Colorado?

You have three real options, and the right one depends on how tangled your situation is.

Option 1: Use the free JDF 1110 form. The Colorado Judicial Branch's Form JDF 1110 is a fillable PDF that walks through property, debt, maintenance, and (if it applies) children.^[9] It works for couples with modest assets and no kids. The catch is that it's generic, and people leave sections ambiguous, which turns into enforcement fights later.

Option 2: Use a document preparation service. A service builds the forms from your answers and flags missing information before you file. It sits between the bare form and a lawyer on both cost and hand-holding. It does not give legal advice.

Option 3: Hire a family law attorney. Got a business, a pension or 401(k) that needs a QDRO (Qualified Domestic Relations Order), real property with a mortgage, heavy debt, or any real disagreement with your spouse? An attorney earns the fee. Family law attorneys in Colorado charge $250 to $400 per hour.^[10] A review of a draft agreement might run $500 to $1,000. A fully drafted agreement with negotiation back and forth can hit $3,000 to $5,000 or more.

About that QDRO. It's a separate court order required to divide a retirement account like a 401(k) or pension without triggering taxes and penalties. Plan administrators must approve their own QDRO language. Specialized QDRO drafters charge $500 to $1,500, and they're usually worth every dollar next to a five-figure tax mistake.

Whatever you use to draft it, both spouses sign in front of a notary. No notarization, no filing.

How does Colorado divide property in a separation agreement?

Colorado divides marital property under the "equitable distribution" standard in C.R.S. § 14-10-113.^[2] Equitable means fair, not necessarily equal. Courts weigh each spouse's contribution to the marriage, their economic circumstances, and the value of property each spouse keeps.

In practice, most uncontested couples split things roughly 50/50, because that's what both people find fair and what's easiest to defend to a judge. But you're not required to split down the middle if you both agree on something else.

Marital property is everything acquired during the marriage, no matter whose name is on the title. Separate property (assets owned before the marriage, or received as a gift or inheritance) stays with the original owner. Separate property can turn into marital property through "commingling" when it gets mixed with marital funds. A house owned before the marriage that got paid down with marital income during the marriage gets messy fast.

The agreement must list every significant asset and debt and say clearly who gets it. "We'll figure out the car later" is not enough. Courts can refuse to enforce agreements that leave issues open.

How does spousal maintenance work in a Colorado separation agreement?

Colorado rewrote its maintenance (alimony) statute in 2014 and again in 2019. The advisory guidelines live in C.R.S. § 14-10-114 and apply to marriages where combined gross income is $240,000 per year or less.^[3]

The guideline formula figures maintenance as roughly 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's monthly adjusted gross income. Duration scales with the length of the marriage. Marriages under 3 years get shorter terms. Marriages of 20 years or more can produce indefinite maintenance.

These are advisory, not mandatory, in an uncontested settlement. Both spouses can agree to more, less, or none. They can agree to a lump sum instead of monthly payments. They can agree that maintenance ends on a set date no matter what the guidelines suggest. Courts generally approve what both parties freely accept, as long as it isn't unconscionable.

For plain-language detail on how the calculations work and when payments end, see our guides on how does alimony work and how long does alimony last.

One tax note that changes negotiations. For agreements entered after December 31, 2018, under the federal Tax Cuts and Jobs Act of 2017, maintenance is no longer deductible for the payer and no longer counted as taxable income to the recipient. That flipped the old rules and affects how people size the number.

How does child support work in a Colorado separation agreement?

Child support in Colorado isn't optional, and you can't set it below the guideline amount without court approval and a good-cause showing. The state uses an Income Shares model under C.R.S. § 14-10-115 that combines both parents' gross incomes, then adjusts for parenting time, health insurance costs, and child care.^[5]

You attach a completed Child Support Worksheet (JDF 1821) to your separation agreement. The worksheet does the math. Both parents' gross incomes go in, the parenting-time split goes in, and the form spits out a monthly support amount. Courts check that math. If your agreement names a support number that doesn't match the worksheet, the judge will likely send it back.

To estimate your number before you file, our child support calculator walks through the Colorado formula.

Child support in Colorado runs until the child turns 19 (not 18, which surprises a lot of parents) or graduates from high school, whichever is later, unless the child is emancipated earlier.^[5] The agreement should also cover medical coverage (which parent carries it, how unreimbursed expenses split) and college contribution if you want to include it, though college costs are handled separately under C.R.S. § 14-10-115(1.5).

What does it cost to file a separation agreement in Colorado?

Filing fees vary by county. The Colorado Judicial Branch sets the base filing fee for a Petition for Dissolution of Marriage at $230 as of 2024, though some counties tack on a small surcharge.^[11] The respondent's filing fee (or waiver of service fee) can add another $116. Total court fees for a straightforward uncontested divorce usually run $230 to $350.

Can't afford the filing fee? Apply for a waiver using Form JDF 205. Colorado courts grant waivers based on income.

Beyond court fees, your total depends on how you prepare the paperwork.

Preparation Method	Typical Cost
DIY with free JDF forms	$0 (just court filing fee)
Document prep service	$100 to $300
Online divorce service	$150 to $500
Mediation (if needed)	$100 to $300/hour
Attorney review only	$500 to $1,500
Attorney-drafted agreement	$1,500 to $5,000+
QDRO (retirement accounts)	$500 to $1,500

For a full breakdown of the costs you might hit, see our divorce papers guide.

The hidden cost most people miss is a rejected filing. If your agreement is incomplete, or it clashes with your financial statements or child support worksheet, the court kicks it back and you refile, losing weeks. Getting it right the first time pays for itself.

Can you modify a Colorado separation agreement after it's signed?

Depends on what you want to change.

Property division is generally final once the court approves it. Colorado courts rarely reopen property settlements, and only in extreme cases like fraud or duress. If you agreed to give up the house and later regret it, that regret is not grounds to reopen anything.

Child support and parenting time can be modified when there's a "substantial and continuing" change of circumstances under C.R.S. § 14-10-122.^[12] A big income change (usually 10% or more), a child's changed needs, or a parent's relocation can justify a modification. The parent asking for the change files a Motion to Modify.

Spousal maintenance is modifiable unless the agreement says otherwise. If you want maintenance terms locked permanently, write language into the agreement making them non-modifiable. Without that language, either party can ask a court to revisit the number.

The practical advice is simple. Think hard before you finalize anything you might need changed later. Negotiating the right terms upfront beats going back to court.

What happens if one spouse doesn't follow the separation agreement?

Once a Colorado court approves your separation agreement and folds it into the final decree, it carries the force of a court order. Violating it is contempt of court.

If your ex stops paying maintenance or child support, you can file a Motion for Contempt (Form JDF 1816 for child support enforcement) with the same court that entered your decree.^[9] The court can order back payments, add interest, and in serious cases impose fines or jail time.

For child support, Colorado's Division of Child Support Services (DCSS) can enforce orders through wage garnishment, tax refund intercepts, license suspension, and passport denial without you filing anything yourself.^[13] DCSS enforcement is free.

For property violations (an ex who refuses to sign a car title transfer, or won't move out by the agreed date), you file a motion to enforce and ask the court to compel compliance or award you attorneys' fees for having to chase them.

This is why specificity matters. Vague terms are hard to enforce. "Husband will transfer the Subaru by March 1" beats "Husband will handle the vehicles." Write deadlines into everything.

Where can you get free help with a Colorado separation agreement?

Colorado has real self-help resources, and you should use them.

The Colorado Judicial Branch's self-help center (courts.state.co.us/Self_Help) has every form, instruction sheet, and flowchart for uncontested divorces, all free.^[9] Many county courthouses run in-person self-help centers where a staff member (not a lawyer, but someone who knows the forms cold) can check your packet for completeness before you file.

Colorado Legal Services (coloradolegalservices.org) offers free legal aid to low-income residents and can sometimes review your agreement.

The Colorado Bar Association's lawyer referral service can connect you with a family law attorney for a reduced-fee initial consultation if you just want a professional to eyeball your draft before you file.^[10]

For people going through separation and divorce as part of a community, resources like divorced sistas and divorce in the black offer practical perspective from people who have already done it.

If your case is genuinely contested or involves domestic violence, skip the DIY route and contact Colorado Legal Services or a divorce attorney directly. This article, and any document service, is built for uncontested situations where both spouses basically agree on the terms.

*Nothing here is legal advice. Laws change and your situation is specific to you. For legal advice, consult a licensed Colorado family law attorney.*

For couples who've sorted out their terms and just need clean paperwork, DivorceClear's $149 Colorado document packet generates the full set of court-ready forms, including the Separation Agreement, financial statements, and parenting plan if you have children.

Frequently asked questions

Do both spouses have to sign the separation agreement in Colorado?

Yes. Both spouses sign the separation agreement, and those signatures must be notarized. A single unnotarized signature won't be accepted by Colorado courts. If one spouse refuses to sign, the case becomes contested and a judge issues orders instead of approving a mutual agreement. For uncontested divorces, getting both signatures is a prerequisite to filing the final paperwork.

How long does it take for a Colorado separation agreement to be approved?

Colorado has a mandatory 91-day waiting period from the date the respondent is served or waives service before a divorce can be finalized, no matter how fast you file your agreement. After that window, uncomplicated cases in most counties take another 2 to 8 weeks for the court to review and sign the decree. A smooth uncontested divorce runs roughly 4 to 6 months start to finish.

Can I write my own separation agreement in Colorado without a lawyer?

Yes. Colorado allows self-representation (called "pro se"), and the Judicial Branch publishes free Form JDF 1110 for exactly this. Plenty of couples with straightforward finances and cooperative attitudes write their own agreements. The risk is leaving out required terms or being vague in ways that cause enforcement problems later. If retirement accounts, a house with a mortgage, or custody disputes are in play, professional review earns its cost.

What's the difference between a separation agreement and a divorce decree in Colorado?

A separation agreement is a contract between spouses. A divorce decree (Decree of Dissolution of Marriage, Form JDF 1115) is the court order a judge signs to end the marriage. The decree usually incorporates the separation agreement by reference, making its terms enforceable as court orders. You draft and sign the agreement; the court issues the decree. You need both for your divorce to be complete.

Does a Colorado separation agreement have to be notarized?

Yes. Both spouses' signatures on the Separation Agreement (JDF 1110) must be notarized. Courts reject an un-notarized agreement. You can get documents notarized at a bank, UPS Store, library, or through an online notary licensed in Colorado. Budget about $5 to $25 per notary seal depending on the service.

Can a separation agreement in Colorado address the family home?

Yes, and it must. If you own real property, the agreement needs to say who keeps the home or that it will be sold, the timeline, and how net proceeds split. If one spouse keeps the home and refinances to remove the other from the mortgage, include a deadline for that refinance. If title transfer requires a deed, the agreement should require one spouse to sign a quitclaim deed within a set number of days after the decree is entered.

What if my spouse and I agree on everything but can't afford a lawyer?

Use the free forms on the Colorado Judicial Branch website (courts.state.co.us) and your county court's self-help center. Many counties have self-help staff who check your packet for completeness before you file, at no cost. If you want the forms pre-assembled with instructions, a document preparation service typically runs $100 to $300. The court filing fee is roughly $230 to $350 depending on county.

Is a Colorado separation agreement the same as a postnuptial agreement?

No. A postnuptial agreement is signed while the marriage is intact and functioning, to govern what happens if the couple later divorces. A separation agreement is signed as part of an actual divorce or legal separation proceeding. Both are contracts between spouses, but they're created in different contexts under different standards. Courts scrutinize postnuptial agreements for procedural fairness; separation agreements get reviewed for unconscionability under C.R.S. § 14-10-112.

Can we include provisions about pets in a Colorado separation agreement?

Yes, and you should if it matters to you. Colorado courts treat pets as personal property under state law, not as children, so there's no formal "custody" framework for animals. Your agreement can assign a pet to one spouse, set out a shared schedule if both parties want one, and address who pays vet bills. Courts enforce these as property terms. Put it in writing, or a fight over the dog becomes a lawsuit.

What if one spouse is hiding assets during the separation agreement process?

Both parties complete a Sworn Financial Statement (Form JDF 1111 or 1112) under penalty of perjury. If a spouse hides assets and you find out later, you can ask the court to reopen the property division based on fraud. Document services and DIY forms can't protect you from a dishonest spouse. If you suspect concealment, talk to a family law attorney before you sign anything. A forensic accountant can sometimes surface hidden assets before the agreement is final.

Does a Colorado separation agreement need to be filed with the court?

Yes. The signed, notarized Separation Agreement is filed with your divorce petition at the county district court where either spouse lives. It becomes part of the court record. The judge reviews it before signing the final decree. An agreement you two sign privately but never file is just a contract, not a court order, which makes it much harder to enforce if your ex doesn't follow through.

How does Colorado handle retirement accounts in a separation agreement?

Retirement accounts built during the marriage are marital property under C.R.S. § 14-10-113. Your agreement can assign a portion to each spouse, but actually dividing a 401(k) or pension takes a separate court order called a Qualified Domestic Relations Order (QDRO). The QDRO goes to the plan administrator after the decree is entered. Without a properly drafted QDRO, the plan won't transfer funds, and an early withdrawal triggers taxes and penalties. QDRO specialists charge $500 to $1,500.

Sources

1. Colorado Revised Statutes § 14-10-112 (separation agreements in dissolution proceedings): Colorado courts must enforce a separation agreement unless it is unconscionable or full financial disclosure was not made; C.R.S. § 14-10-112(2) governs.
2. Colorado Revised Statutes § 14-10-113 (equitable distribution of marital property): Colorado divides marital property under an equitable distribution standard, not a mandatory 50/50 split.
3. Colorado Revised Statutes § 14-10-114 (spousal maintenance guidelines): Colorado advisory maintenance guidelines apply to marriages where combined gross income is $240,000 per year or less; the formula and duration scale by marriage length.
4. Colorado Revised Statutes § 14-10-124 (best interests of the child standard): Colorado courts apply a best interests of the child standard when reviewing parenting plans under C.R.S. § 14-10-124.
5. Colorado Revised Statutes § 14-10-115 (child support Income Shares model): Colorado uses an Income Shares child support model; support continues until the child turns 19 or graduates from high school, whichever is later.
6. Colorado Judicial Branch, Self-Help Forms (JDF 1111, JDF 1112 Sworn Financial Statements): Both spouses must complete a Sworn Financial Statement (JDF 1111 or JDF 1112) as part of a Colorado dissolution filing.
7. Colorado Revised Statutes § 14-10-106 (legal separation statute): Colorado legal separation keeps the marriage legally intact while a court order governs finances and parenting under C.R.S. § 14-10-106.
8. Colorado Revised Statutes § 14-10-106 (91-day residency and waiting period): Colorado requires 91 days of residency before filing and a 91-day waiting period after service before a dissolution decree can be entered.
9. Colorado Judicial Branch, Self-Help Center (divorce and legal separation forms and instructions): Colorado Judicial Branch publishes all free dissolution forms including JDF 1101, JDF 1110, JDF 1115, and JDF 1816 at courts.state.co.us/Self_Help.
10. Colorado Bar Association, Lawyer Referral Service: Colorado family law attorneys charge approximately $250 to $400 per hour; the Colorado Bar Association offers reduced-fee referral consultations.
11. Colorado Judicial Branch, Filing Fees Schedule: Colorado filing fee for a Petition for Dissolution of Marriage is $230 as of 2024, with additional county surcharges possible.
12. Colorado Revised Statutes § 14-10-122 (modification of child support and parenting time): Child support and parenting time in Colorado can be modified upon a showing of a substantial and continuing change of circumstances under C.R.S. § 14-10-122.
13. Colorado Department of Human Services, Division of Child Support Services: Colorado DCSS enforces child support orders through wage garnishment, tax refund intercepts, license suspension, and passport denial at no cost to the custodial parent.