Three Paths to Resolving a Property Division Dispute
How a property division case resolves depends on how much the spouses can agree on and how willing each party is to negotiate. There are three primary paths, each carrying different timelines, costs, and levels of court involvement.
Negotiated Agreement
Spouses can reach a property division agreement directly through their attorneys, as part of a broader divorce settlement. This avoids court intervention entirely and gives both parties more control over the outcome. Even in a contested divorce where other issues remain disputed, property can sometimes be resolved by agreement while other matters proceed.
Mediation
Mediation uses a neutral third party to help spouses reach a mutually acceptable division. It’s typically faster and less expensive than litigation, and El Paso County domestic relations courts frequently require it before a contested case can proceed to trial. Attorney Erica Vasconcellos is a trained mediator, which means we can guide clients through the mediation process with a clear understanding of how it works and what outcomes it can realistically produce.
Litigation
When agreement isn’t possible, the court decides. Both parties submit a full inventory of separate and marital property, the court may issue temporary orders governing property use while the case is pending, and a judge ultimately incorporates the division into the final divorce decree. We handle both contested and uncontested property division matters in Colorado Springs.
In litigated property division cases, courts often consider the following factors when determining what would constitute an equitable distribution of property:
- The age and health of each spouse;
- The property each spouse owns;
- Each spouse’s personal income and financial stability;
- The employability of each spouse and the roles they played during the marriage;
- Whether either spouse engaged in financial misconduct, such as dissipating or wasting marital assets;
- Whether either spouse attempted to hide assets during the property division process;
- Whether other court orders, such as alimony, child support, or child custody, have been implemented;
- Any other factors the court considers relevant to the case.
Get in touch with our property division attorneys in Colorado Springs by filling out this online form or calling (719) 212-4227.
Military Retirement, QDROs, & High-Value Asset Division
Some property division cases require financial analysis that goes well beyond a standard asset inventory. Colorado Springs has one of the largest active-duty and veteran populations in the country, which means military retirement division comes up frequently in local divorce cases. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military retirement benefits earned during the marriage are divisible as marital property. Getting that division right requires understanding both military pay structures and the specific rules governing how those benefits are distributed to a former spouse.
Dividing a 401(k) or pension typically requires a Qualified Domestic Relations Order (QDRO), a separate court order that instructs the plan administrator how to split the account. IRAs are handled differently: they’re generally divided through the divorce decree itself rather than through a QDRO. Without a properly drafted order, a retirement account negotiated as part of the settlement may not actually transfer correctly. Business interests present a different complexity: before any division can occur, the interest must be valued, and valuation disputes frequently require appraisal. Tax consequences also matter. How assets are divided, including how retirement distributions are treated and whether capital gains apply to real estate transfers, can substantially affect the real value of what each spouse receives. Greg Quimby’s CPA license and finance training mean our firm can work through these structures analytically rather than referring every financial question to an outside professional.
What to Do If Your Spouse Is Hiding Assets
Hiding assets during property division violates the fiduciary duty both spouses owe each other and constitutes fraud on the court. Under Colorado law, a party found to have intentionally concealed assets may be held liable for the other spouse’s attorney fees and costs incurred in recovering the hidden property. Despite those consequences, concealment happens, and clients need to know what to watch for.
Common ways individuals attempt to hide property include:
- Failing to report certain property holdings to the court;
- Underreporting personal income;
- Buying easily hidden valuables, such as art, with the intent to sell them after the divorce;
- Taking out fictitious “loans” from friends to appear less financially stable than they are;
- “Selling” assets to friends or funneling business revenue through third parties to understate their wealth.
If you believe your spouse is hiding property, here are two steps worth taking:
- Speak with your attorney. We can formally request that the other party disclose their assets. If your spouse fails to disclose something you know they possess, that opens the door to further investigation and court intervention.
- Hire a forensic accountant. These professionals can identify hidden assets by analyzing financial history, property holdings, and spending patterns.
Greg Quimby’s background in law enforcement and accounting means we can recognize financial irregularities and, when warranted, work alongside forensic professionals to trace what has been concealed. Throughout your case, keep close records of bank statements, mortgage documents, vehicle titles, investment accounts, and any proof of ownership for jointly held property. Those records establish what exists on paper and give your attorney the foundation to challenge false or incomplete disclosures.
Why Law Office of Greg Quimby, P.C. for Property Division in Colorado Springs
Most family law firms bring legal knowledge to a property division case. We bring legal knowledge and the financial credentials to apply it. Attorney Greg Quimby earned his CPA license and MBA in finance before he became a family law attorney, and he puts both to work in cases involving complex marital estates, retirement accounts, business interests, and financial disclosures. That combination is uncommon in a family law practice and particularly relevant when assets are difficult to value or a spouse may not be forthcoming with what they own.
Attorney Erica Vasconcellos is both a family law attorney and a trained mediator. For clients pursuing mediation, having an attorney who understands the process from the inside rather than simply showing up as an advocate can be a real advantage when it comes to working toward a workable resolution. Together, Greg and Erica lead a team that includes a licensed legal paraprofessional and experienced paralegals who work collectively on each client’s case. Law Office of Greg Quimby, P.C. has been a Colorado Springs family law practice since 1998, and our attorneys carry 50 years of combined legal experience across the full range of matters we handle.
We respond to clients within one business day and offer free initial consultations. If you’re facing property division as part of a divorce in El Paso County, we’re ready to talk through your situation and what a fair outcome could realistically look like for you.
For a free consultation, contact our property division lawyers in Colorado Springs at (719) 212-4227.
