How Divorce Affects Health Insurance

Laura E. Shapiro -

Health Insurance

If you are worried that a soon-to-be-former spouse will retaliate against you by canceling your health insurance during the divorce, Colorado law has you covered.

Colorado Revised Statutes 14-10-107 (4)(b)(I)(D) forbids the cancellation of health insurance that provides coverage for spouses and dependent children.

Additionally, spouses cannot allow the insurance to lapse by not paying the premiums.

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Contested Divorce vs. Uncontested Divorce

Laura E. Shapiro -

Decision between contested and uncontested divorce

Couples have many decisions to make during a divorce. Whether you and your spouse agree on issues will determine whether it is a contested divorce or uncontested divorce.

Couples have a contested divorce when there are disputes over any issues that need to be resolved before the divorce is finalized.

In an uncontested divorce, the soon-to-be-ex spouses have resolved or are able to resolve their issues and are ready for a judge to sign off on their proposed settlement.

Let’s take a look at what is involved in each type of divorce.

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What Happens to Pension Plan Benefits During Divorce?

Laura E. Shapiro -

Pension plan in a divorce

Retirements accounts are often a married couple’s largest asset, and they are also one of the most complex.

While they are marital property, splitting a pension can be a complicated process.

No matter if you are the owner of the pension account or if you are seeking a portion of your spouse’s employer-sponsored retirement, dealing with splitting a pension plan can present issues.

You need a knowledgeable attorney who regularly deals with complex financial issues during divorce.

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Dividing Rental Property During a Divorce

Laura E. Shapiro -

For rent sign on rental property

If you and your spouse acquire rental property during the marriage, then it is considered marital property regardless of how the property is titled.

If divorce ensues, you and your spouse have several options for dividing your rental property.

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How to Value a Business for a Divorce

Laura E. Shapiro -

Business Documents

While there are several ways to approach valuing a business during a Denver divorce, we leave this to experts who regularly appraise businesses for divorce or sale.

We have trusted appraisers and experts we enlist when necessary to put a fair value on your business.

They help us understand what impacts the total value of a business and explain any industry-specific factors we should know about.

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How Does Divorce Affect 529 College Savings Plans?

Laura E. Shapiro -

529 College Savings Plan

When you and your spouse set up a 529 College Savings Plan, you probably thought it would be a great way to help your child handle expensive college costs.

After all, the tax-deferred savings plan would help take some of the financial pressure off you—and your child—when it came time for her to go to college.

Your child could focus on studying instead of worrying where the money would come from for next semester’s tuition.

Unfortunately, you were not able to foresee a divorce that could potentially affect contributions to the 529 savings plan.

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Valuing Collectibles & Antiques for a Divorce

Laura E. Shapiro -

Living room with antique furniture

Dividing marital property can bring a great deal of stress to couples going through a divorce. The stress intensifies when it comes to valuing collectibles and antiques for purposes of a divorce.

You and your spouse have a right to the antiques and collectibles purchased during your marriage.

If you both agree on how to divide antiques or collectibles, this process can be relatively straightforward. This is often not the case, however, and disagreements can be complicated regarding these kinds of assets.

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What Happens to My Stock Options During Divorce?

Laura E. Shapiro -

Person Checking stocks on their iphone

Stock options are a confusing concept for many people. Often those who hold this type of asset assume they are worthless,

but this could be a mistake.

When considering the full picture of your family’s assets, it is imperative that we gain an understanding as to the true value of stock options and other similar benefits. A judge could require that you appraise these options, or could divide them in kind. 

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What Happens to a Mortgage During Divorce?

Laura E. Shapiro -

Keys to a house

You will need to continue paying your mortgage during divorce proceedings, at least until you know the final decision and who will gain possession of the home.

You may be able to get temporary orders for possession of the house, and even financial support to help you make the mortgage payment if you are living there with your children but cannot make the payment.

If neither you nor your spouse can make the payment on your own, you may need to consider agreeing to sell the house.

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How to Value a Private Medical Practice for a Divorce?

Laura E. Shapiro -

empty patient room at doctor office

There are several ways to value a private medical practice for a divorce, but we recommend leaving this to professionals.

When we handle a divorce that includes a private medical practice, we rely on appraisers and experts who can weigh the numerous factors that are necessary to consider for determining a credible estimate of value.

Colorado is an equitable division state, meaning not all property obtained during the marriage is necessarily joint marital property or that the property has to be divided.

This complicates things further, since the circumstances of your case will determine what proportion, if any, of this value will be subject to division for settling the divorce.

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