In Colorado, same-sex couples have the same fundamental right to get married and to divorce as opposite-sex couples. However, that doesn’t mean that every case is straightforward. Because marriage equality was legally recognized at different times across states and at the federal level, same-sex divorce can bring up unique legal questions.

Generally, an LGBTQ+ divorce in Colorado is handled in the same way as any other divorce. There can be questions about things like when a marriage legally began, where it was recognized, and how long a couple has been considered married for issues like property division and spousal maintenance. If you are considering divorce as a gay couple, understanding how Colorado courts approach these issues can help you protect your rights and avoid costly surprises.

At Ascent Legal Group, we represent LGBTQ+ individuals and families across a range of Colorado family law matters, including divorce and legal separation. We will work with you to help you resolve your divorce in a way that works best for you. Reach out to our law firm today to schedule a free 30-minute consultation with a Colorado same-sex divorce lawyer. 

Legal Foundation of Same-Sex Divorce in Colorado 

Colorado recognizes same-sex marriage and divorce under the same legal framework as all other marriages. Following the landmark United States Supreme Court decision in Obergefell v. Hodges, same-sex marriage became legal nationwide in 2015. This means that as of 2015, Colorado courts apply the same statutes, procedures, and standards to all marriages and divorces, regardless of the spouses’ genders.

Pre-2015 Relationships: Time spent together before a ceremonial marriage is not automatically counted as part of the marriage. However, Colorado recognizes common-law marriage, including same-sex common-law marriages that may have existed before formal same-sex marriage was available. If a party can prove a common-law marriage, the marriage date may be earlier than the ceremonial marriage date.

To establish a common-law marriage in Colorado, the court looks at whether the couple mutually intended to be married and held themselves out to the community as spouses. For same-sex couples, courts may also consider the reality that they did not previously have the legal ability to formally marry, but still intended to create a marital relationship. Because this analysis is highly fact-specific, disputes over the existence and start date of a common-law marriage are common in same-sex divorce cases.

In 2013, the Colorado Civil Union Act was signed into law. This gave all couples the ability to enter into a civil union, akin to a marriage. It also provided that same-sex marriages from other states would be recognized as civil unions in Colorado.

With the Obergefell decision, same-sex marriage became legalized nationwide. However, many same-sex couples were together, and in some cases, legally united, long before 2015. That is where things can be more complex.

Determining the Legal Date of a Marriage 

One of the most significant issues in same-sex divorce is identifying the official “start date” of the marriage. The marriage date matters because the length of the marriage affects:

• Division of marital property
• Eligibility and duration of spousal maintenance 
• Retirement asset allocation
• Debt division

There are many situations involving LGBTQ+ couples that can make it more challenging to determine the official length of marriage. This can include common scenarios such as:

1. Pre-2015 Relationships: Time spent together before a ceremonial marriage is not automatically counted as part of the marriage. However, Colorado recognizes common-law marriage, including same-sex common-law marriages that may have existed before formal same-sex marriage was available. If a party can prove a common-law marriage, the marriage date may be earlier than the ceremonial marriage date..
2. Civil Unions or Domestic Partnerships: Colorado allowed civil unions beginning in 2013. Courts may consider whether and how a civil union transitioned into a legal marriage, but technically, these are distinct legal statuses.
3. Out-of-State Marriages Before 2015: Some couples were married in states where same-sex marriage was legal prior to 2015. In these cases, Colorado courts will often recognize the original out-of-state marriage date, provided that the marriage was valid where it occurred.

Recognition of Out-of-State Same-Sex Marriage

Colorado generally follows the rule that if a marriage is valid in the state where it was performed, then it is valid in Colorado. That means that if you were legally married in another state before 2015, your marriage is likely recognized as beginning on that date.

However, disputes about the date of marriage can arise if:

• Documentation is unclear
• The marriage occurred in a jurisdiction where the law changed
• One spouse challenges the validity of the marriage

Before 2015, the legal landscape for same-sex couples was shaped by a patchwork of state laws and federal recognition. The U.S. Supreme Court’s decision in United States v. Windsor in 2013 struck down parts of the federal Defense of Marriage Act (DOMA). This allowed federal recognition of certain same-sex marriages. Two years later, Obergefell v. Hodges required all states to recognize and perform same-sex marriages. In 2025, Colorado formally repealed outdated statutory language that limited marriage to a union between a man and a woman through SB 25-014, effective April 7, 2025.

These important milestones can impact divorce cases today, particularly when determining:

• When a couple’s marriage became legally recognized
• Eligibility for federal benefits tied to marital status
• Division of federally governed assets, such as Social Security

If you have any questions or concerns about how these issues may impact your divorce, an experienced Colorado divorce attorney can help you understand your rights.

Property Division in a Same-Sex Divorce 

Colorado is an equitable distribution state. This means that marital property is divided fairly, but not necessarily equally. Only marital property and debts are subject to division in a divorce or legal separation.

Courts distinguish between marital assets acquired during the marriage and separate property. Separate property generally includes assets owned before the marriage, as well as gifts or inheritances received by one spouse individually during the marriage. Tracing and valuing assets can be more complicated in same-sex divorces because the date of marriage may not be clear.

In a same-sex divorce, disputes often arise over:

• Assets acquired before legal marriage but during a long-term relationship
• Real estate purchased jointly before a marriage was legally recognized
• Retirement accounts that grew during pre-marriage years

Our Colorado same-sex divorce lawyers will work with you to establish a timeline, properly categorize assets as marital or separate property, and help you get a fair outcome when it comes to property division. When possible, we will help you work out an agreement with your spouse to reduce the cost and uncertainty of litigation. If necessary, we will take your case to court to advocate for your best interests.

Spousal Maintenance in a Same-Sex Divorce 

In Colorado, a court may award spousal maintenance if one spouse requires financial support after a divorce and the other spouse has the ability to pay it. Spousal maintenance awards in Colorado are affected by a number of factors, such as:

• Length of marriage
• Each spouse’s income and earning capacity
• The couple’s standard of living during the marriage

If the legally recognized marriage duration is shorter than the actual relationship, it can significantly affect maintenance awards. This is another way that the date of marriage can have a significant impact on a LGBTQ+ divorce in Colorado.

Parental Rights in a Colorado Same-Sex Divorce

Same-sex couples who share minor children may face additional legal considerations during a divorce. This is particularly true if:

• Only one parent is the biological parent of the child or children
• A second-parent adoption was never completed
• The child was born before the couple was legally married

In Colorado, child custody is referred to as the allocation of parental responsibilities. It consists of decision-making authority and parenting time. In all cases, Colorado courts prioritize the best interests of the child. 

For same-sex couples, it may be necessary to establish legal parentage before the allocation of parental responsibilities can be established. Assuming that both parents are the legal parents of the child(ren), then parental rights and child support in a same-sex divorce will be decided just as they would be in an opposite-sex divorce. Our Colorado child custody lawyers can help you work out a parenting plan with your soon-to-be ex or can litigate the matter on your behalf.

Unique Challenges in LGBTQ+ Divorces 

While the law aims for equal treatment, the unfortunate reality is that the impact of prior discriminatory laws can and do have an effect on LGBTQ+ Coloradans today.  Same-sex divorces often involve an added layer of complexity, such as:

• Proving the existence and duration of the relationship
• Addressing financial entanglements that predate a legal marriage
• Navigating inconsistent legal recognition of same-sex marriage across states (prior to 2015)
• Resolving disputes over assets that were acquired prior to a legal marriage

These issues require a nuanced legal strategy and a thorough understanding of evolving family law.

Because same-sex divorces often require more than a standard application of Colorado divorce law, having seasoned legal representation matters. A lawyer can perform historical legal research and detailed financial analysis. They can also develop a strategy to handle asset classification and marriage timelines based on the unique facts of your case.

Experienced Legal Representation for LGBTQ+ Coloradans 

Same-sex divorce in Colorado is governed by the same laws as any other divorce, but the path to resolution can often be more complex. Questions about when a marriage began, how it was recognized, and what assets are part of the marital estate can significantly impact the outcome of a same-sex divorce. If only one parent has a legal relationship with a couple’s children, that can also affect the allocation of parental responsibilities.

If you are facing a same-sex divorce, working with a family law firm that understands these nuances can make all the difference. Ascent Legal Group works with same-sex couples who are dealing with a variety of issues related to divorce, including property division, spousal maintenance, parental rights, and child support.  To learn more or to schedule a free 30-minute consultation with a Colorado same-sex divorce lawyer, give us a call at 719-256-0067 or fill out our online contact form.

FAQs about Same-Sex Divorce in Colorado

Is Same-Sex Divorce Handled Differently Than Opposite-Sex Divorce in Colorado?

As a legal matter, no. Colorado applies the same divorce laws to all couples. However, same-sex divorce cases often involve additional complexities related to marriage dates, legal recognition of a marriage, and asset division.

Can Time Spent Together as a Couple Before Marriage Count in a Divorce?

Generally, courts focus on the period of a legally recognized marriage when determining issues like property division and spousal maintenance. However, Colorado recognizes common-law marriage, including for same-sex couples.

If a couple can establish that they entered into a valid common-law marriage before a formal ceremony, the court may treat the marriage as beginning earlier. This can significantly impact the length of the marriage and related financial issues. Even when a common-law marriage is not established, pre-marital contributions may still be relevant in certain property disputes.

What If We Were Married in Another State Before 2015?

Colorado will usually recognize your out-of-state marriage as valid if it was legal when and where it occurred. This may allow you to use an earlier marriage date in your divorce.

How Does a Civil Union Affect Divorce?

Civil unions are legally distinct from marriage, but they can still impact property division and other financial issues. If you had a civil union prior to getting married, that fact may become a key issue in your divorce.

Do Both Parents Have Equal Rights in a Same-Sex Divorce?

Not automatically. Legal parentage must be established by parents before they have parental rights. If both spouses are the legal parents of their kids (for example, through adoption), they will generally have equal rights. Otherwise, additional legal steps may be required to establish parentage.

Resources:

• Obergefell v. Hodges – Same-Sex Marriage as a Fundamental Right. Oyez (Chicago-Kent College of Law). https://www.oyez.org/cases/2014/14-556
• Colorado Same-Sex Marriage Constitutional Amendment (2006). Colorado Secretary of State – Historical Election Data. https://historicalelectiondata.coloradosos.gov/contest/6235
• United States v. Windsor – Defense of Marriage Act (DOMA) Ruling. Oyez (Chicago-Kent College of Law). https://www.oyez.org/cases/2012/12-307