Warkentine Law OfficeBroomfield Family Law Attorney | Divorce | Child Custody2026-07-01T19:17:02Zhttps://www.warkentinelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504961/2026/04/cropped-W-fav-icon-1-32x32.pngOn Behalf of Warkentine Law Office<![CDATA[Divorcing after 50 as a homemaker: What to expect financially]]>https://www.warkentinelaw.com/?p=2581612026-03-18T13:47:03Z2026-03-18T13:47:03ZYour role in the marriage is still important
In many gray divorces, the family’s wealth reflects decades of financial decisions shaped by each spouse’s role. One spouse may have earned income and built savings or investments while the other focused on childcare and running the household.
When courts divide property, they look at how and when the couple acquired assets during the marriage. Judges do not just look at who earned the most money. They also value the role each spouse played in building the household and supporting the family.
What financial outcomes to expect
In long-term marriages, couples often build assets over many years. These may include retirement accounts, pensions, investment portfolios and real estate.
Under Colorado law, property earned during the marriage usually counts as marital property. This remains true even if your spouse earned most or all of the income used to build those assets. During the divorce, courts evaluate several financial factors to ensure a fair outcome, including:
Division of marital assets: Courts divide property acquired during the marriage between both spouses, even if most assets appear in one spouse’s name.
Retirement accounts and pensions: Retirement savings built during the marriage often form a large part of the marital estate.
Spousal maintenance: If you spent many years outside the workforce, the court may consider ongoing financial support.
Future earning capacity: Judges may also evaluate each spouse’s ability to earn income when deciding support and overall fairness.
Together, these factors help courts determine what financial outcome is fair. Understanding how these issues fit into the process can help you approach property division and financial support with clearer expectations.
Preparing for financial changes
Divorce after 50 can bring significant financial changes. If you have been out of the workforce for many years, the idea of rebuilding savings or returning to work can feel overwhelming. Learning how courts approach long-term marriages and financial roles can help you move through the process with clearer expectations about property division and financial support.]]>On Behalf of Warkentine Law Office<![CDATA[Does gray divorce impact Medicare benefits?]]>https://www.warkentinelaw.com/?p=477382026-02-18T15:54:50Z2026-02-18T15:54:50ZMedicare is a government insurance program that helps retired adults access medical care while living on a fixed income. They don’t need to pay out of pocket for basic medical needs or worry about paying for costly monthly health insurance premiums.
While Medicare has limits, it is a critical form of protection for professionals who retire and their dependent spouses. People earn eligibility for Medicare through years of hard work. Non-working spouses who stay home to manage the household or raise their families can qualify for Medicare based on the employment history of their wage-earning spouses. Do stay-at-home parents and other dependent spouses risk the loss of their Medicare coverage if they divorce in their golden years?
Benefit retention is often possible
Dependent spouses have protection under federal laws when they rely on their spouses for key retirement benefits, including Medicare coverage. As long as the marriage lasted at least 10 years, the dependent or lower-earning spouse can receive Medicare benefits after a divorce based on the employment history of their spouse. They do not need to worry about losing their eligibility if the marriage ends. Regardless of who files, the non-working spouse who does not qualify for Medicare on their own can still qualify under their spouse’s work history. The remarriage of the dependent spouse is one of the only scenarios in which they lose eligibility for benefits through their former spouse’s employment. Discussing different concerns about an upcoming gray divorce can help people feel confident about filing or when responding to a spouse's petition. Gray divorce can cause complications during retirement, but many people can retain benefits despite divorcing.]]>On Behalf of Warkentine Law Office<![CDATA[3 potentially benefits of negotiating a postnuptial agreement]]>https://www.warkentinelaw.com/?p=477362026-02-05T22:36:15Z2026-02-05T22:36:15Z1. Protection from misconduct
Spouses who discover serious issues in their marriages may worry about exposing themselves legally and financially through continued marriage. Gambling debts or drug abuse might leave people worried about their financial obligations. A postnuptial agreement can establish clear financial and legal boundaries to protect one spouse from the misconduct of the other.
2. An opportunity to realign expectations
Postnuptial agreements are often necessary when spouses experience a downturn in their relationship dynamics. The process of negotiating a postnuptial agreement provides an opportunity to discuss unspoken expectations and any significant changes in personal values. Spouses can potentially improve their marriages by talking about their unmet needs and other disappointments.
3. Protection from a messy divorce
Many couples negotiating postnuptial agreements recognize that their marriages may not be salvageable. They may choose to negotiate a contract with one another now rather than trying to iron out divorce details after they separate from one another. Doing so can lead to a less-contentious divorce.
Spouses concerned about the state of their marriages or the protection of their assets might want to propose negotiating a postnuptial agreement. A marital contract can potentially improve the relationship between spouses and help them minimize the challenges they might face if they eventually divorce.]]>On Behalf of Warkentine Law Office<![CDATA[What if both parties cannot agree on the terms of the divorce?]]>https://www.warkentinelaw.com/?p=477352026-02-03T16:26:17Z2026-02-03T16:26:17ZThe way Colorado courts process a contested divorce
The process starts when you file a Petition for Dissolution of Marriage with the district court. Under Colorado law, the judge cannot finalize the divorce until at least 91 days have passed. Additionally, at least one spouse must have been a resident of the state for the same amount of time.
During this time, both spouses must complete mandatory financial disclosures. These documents include details about income, assets, debts and expenses.
If disputes remain after initial filings, the court will schedule hearings. A contested divorce can take several months to over a year, depending on the issues involved.
The decisions the courts can make for you
When couples cannot reach their own agreements, a judge will make final decisions which can include:
Division of property and debts
Spousal maintenance
Parenting time and decision-making
Child support
To provide the judge with a clear understanding of your situation, an attorney will need to prepare organized financial records and evidence. This documentation helps the judge make informed rulings on how to distribute assets fairly and what arrangements will best serve the interests of your children.
Exploring mediation as an option
Colorado courts strongly encourage couples to try mediation before going to trial. In fact, most judges in the state require mediation for any case where the spouses cannot agree on custody, property or support.
Mediation provides a private setting where a neutral third party helps you and your spouse talk and negotiate. Unlike a courtroom, mediation lets both parties keep more control over the outcome. You can propose creative solutions that a judge might not consider.
Even if mediation does not resolve every issue, it can help narrow the disputes. Reaching agreement on some matters can cut the time and expense of litigation. Many couples find that working through issues in mediation helps them keep a cooperative relationship, which matters most when children are involved.]]>On Behalf of Warkentine Law Office<![CDATA[What is equitable property division in Colorado?]]>https://www.warkentinelaw.com/?p=477322026-01-28T13:05:22Z2026-01-28T13:05:22ZCouples who are married often work hard to purchase things they want. This can include anything from vehicles and homes to investments and art collections. Those assets are often a source of pride, and they may come with debt. People may not realize that these assets and debts can become a major source of contention if they decide to get a divorce.
Colorado follows the equitable method of property division in a divorce. This means that everything is split up based on what’s fair instead of the focus being on what’s equal. Factors, such as marital contributions, are considered during the property division process.
What’s considered marital property?
In Colorado, marital property typically includes all assets and debts that were acquired during the marriage. It typically doesn’t matter who earned the income or whose name is on the property. Separate property usually includes anything that was owned by one party before the marriage, as long as it wasn’t comingled with marital assets, inheritances and certain gifts. The presence of a prenuptial agreement can also affect how property is classified. As long as the prenup is valid, the terms contained within it will be followed during the divorce.
How is property divided?
The exact method of division depends on the circumstances surrounding the case. Some people can use alternative dispute methods, which give both parties some control over how things are divided. If that’s not possible, the court can step in to issue an order for the division. The property division process will include debts and assets. In some cases, assets are liquidated to pay off debts, so both parties start their new single life on the best financial footing possible. It may be best to work with someone who’s familiar with these matters so they can assist with determining what options are available for the property division process. ]]>On Behalf of Warkentine Law Office<![CDATA[Key evidence that can support a custody order modification]]>https://www.warkentinelaw.com/?p=477312026-01-14T15:23:36Z2026-01-14T15:23:36ZWhen life changes, your current custody arrangement may no longer be practical. Maybe your work schedule has shifted, your child’s needs have evolved or you’re planning to move to a new neighborhood. Whatever the reason, requesting a modification of a custody order can feel overwhelming, especially if you’re unsure of how everything works.
Modifying a custody order isn’t as simple as asking the judge to change it; you must present a compelling argument to succeed in court. Knowing what counts as persuasive evidence can help you prepare your case and proceed with confidence.
Demonstrating a change in circumstances
Courts typically require a substantial and continuing change in circumstances before revising custody. As such, you need clear and organized documentation that shows how the existing arrangement may no longer serve your child’s best interests. Records that reflect significant life changes or new developments in your family’s situation can be crucial in helping the court understand why a modification is necessary.
Highlighting the child’s needs
Judges prioritize the child’s best interests, so showing how a change would benefit them and support their well-being is essential. Relevant evidence can include the child’s school records, medical reports or professional evaluations that demonstrate their current needs and how a modification could better meet them. Your child’s preferences can also weigh in on the court’s decision if they are mature enough.
Showing parental involvement
Demonstrating consistent participation in the child’s daily routines, activities and important decisions can highlight your commitment and responsibility as a parent. Journals, calendars, witness testimonies and communication records showing that you’re actively involved in the child’s life can help demonstrate that the proposed modification would promote their stability.If you’re considering modifying your child custody order, seeking professional guidance can help you gather the right evidence, leverage it effectively and protect your interests throughout the legal process. This can significantly strengthen your position and increase the likelihood of a favorable outcome.]]>On Behalf of Warkentine Law Office<![CDATA[What does the rise in gray divorce mean for retirement?]]>https://www.warkentinelaw.com/?p=477292025-12-19T21:23:02Z2025-12-19T21:23:02ZOver the last few decades, there has been a rise in a phenomenon known as gray divorce. This is not a technical term, but generally refers to people who are getting divorced in the latter half of their lives. For instance, the divorce rate for those who are under 45 has generally been falling, while it has been rising for those over 45 and has tripled for those who are over 65.But as divorce at this older age becomes more common, what is it going to mean for retirement plans? Many people who are married in their 50s and 60s are planning on retiring together. Is getting divorced just a few years before retirement going to ruin those plans?
Dividing benefits
A divorce at this age can certainly affect retirement, as it will have a financial impact on the couple. They have to go through marital property division and split up their assets. They will also both be individually responsible for many different costs during retirement – such as housing – that they may have initially been planning to share.One key thing to remember at this time is that retirement benefits often have to go through property division along with other assets. One spouse may be concerned that they are going to lose access to retirement benefits earned by their partner. But if those benefits were earned during the marriage, they can be divided with a qualified domestic relations order and split up so that both people can still use them.This does complicate the process of getting a divorce, which is why it is important for couples to know exactly what legal options they have.]]>On Behalf of Warkentine Law Office<![CDATA[Should you keep an eye on your spouse’s social media in a divorce?]]>https://www.warkentinelaw.com/?p=477262025-12-11T20:45:50Z2025-12-11T20:45:50ZSocial media has become a constant background presence in many marriages, and it often impacts divorce processes as well. If you and your spouse are going your separate ways, the (understandable) question of whether you should keep an eye on your spouse’s online activity is not about snooping or trying to “catch” them. Instead, it is about understanding how their posts, photos and interactions can influence the issues that matter most as your legal situation evolves. Courts routinely consider digital evidence when resolving contentious concerns, and even casual posts can provide insight into financial behavior, parenting habits or communications that contradict statements made during negotiations. Because of that, paying attention to what is publicly shared can help you make informed decisions about your approach to your divorce case without crossing any legal or ethical lines.
A thoughtful, attentive approach is wise
For many spouses, social media serves as a platform on which to vent frustrations or showcase a lifestyle that does not match the financial picture they present in court. If a spouse claims limited income while posting about expensive trips or new purchases, those posts may become relevant in disputes over support or asset division. Similarly, photos or comments suggesting risky behavior may factor into parenting time discussions if they raise legitimate concerns about judgment or safety. You are not required to ignore potential evidence that is already visible to the public, and noting these inconsistencies can help your legal team assess whether further investigation is appropriate.There is also a protective side to monitoring social media. Divorce can inspire strong emotions, and sometimes a spouse’s posts can hint at escalating conflict, threats or attempts to manipulate the narrative. Identifying these patterns early allows your legal team to address them before they influence negotiations or affect your children. At the same time, it is important to avoid engaging with the posts or responding in a way that fuels tension. Screenshots can capture a moment instantly, and messages sent in frustration can be misinterpreted or used against you later.What you should not do is attempt to access private accounts, guess passwords or take any step that could be considered hacking or invasion of privacy. Staying within ethical boundaries is necessary. Your legal team can help you understand what is permissible. You should also be thoughtful about your own posting habits, as anything you share could be reviewed by opposing counsel. By staying aware but not overstepping, you can more effectively protect your interests as your case progresses. ]]>On Behalf of Warkentine Law Office<![CDATA[Do the courts ever increase child support amounts owed?]]>https://www.warkentinelaw.com/?p=477252025-12-08T23:05:22Z2025-12-08T23:05:22ZReviews and modifications are available
It is possible at any time to ask the courts to review a child support order. Any significant change in circumstances could theoretically alter the amount of support required. If the paying parent has good fortune, such as a promotion, that could potentially increase their support obligations. Changes in the allocation of parenting time could also affect financial responsibilities.
Additionally, challenges for the recipient parent could justify a modification. The loss of their job or a drastic and provable increase in their child-rearing expenses could both warrant a child support review. A review can possibly result in a modification that increases the amount of support ordered.
Parents feeling frustrated by inequity or increasing cost of living expenses may be able to ask the courts to revisit their current child support order. Working with an attorney can make it easier for people to recognize when a modification is possible and to navigate the court system effectively.]]>On Behalf of Warkentine Law Office<![CDATA[How much do children influence custody arrangements?]]>https://www.warkentinelaw.com/?p=477242025-11-21T09:49:36Z2025-11-21T09:49:36ZThe terms for a child custody order usually come from one of two sources. Divorcing or separated parents have the option of working with one another to set their own terms. They can agree on a specific division of parenting time and legal authority.
If they don't agree, then a family law judge may ultimately decide how to allocate parental rights and responsibilities. The children who are subject to the order may have strong feelings about where they live or how much time they spend with each parent. Can children help determine the terms set in a custody order?
Children's preferences can guide a judge
Parents trying to settle their own custody matters might confer with their children. Other times, they may try to settle everything without involving the children to reduce the stress that they experience. In cases where the matter requires litigation to resolve, the children in the family may have an opportunity to express their preferences to a judge. The child's wishes are among the various considerations that can influence a judge's custody ruling. The judge should prioritize the child's best interests, which means they have to evaluate the child's maturity and reasoning when deciding how much weight to give their wishes. Children usually cannot refuse to see one parent unless there are compelling reasons, such as domestic abuse, to keep them away from that parent. Learning more about what governs the allocation of parental rights and responsibilities can be important for parents adjusting to a changing family dynamic. Even those who have difficult relationships with their children still often receive shared custody or visitation rights.]]>