How to Navigate a Colorado Divorce When You’re a Stay-at-Home Parent
When you’re a stay-at-home parent, divorce can feel extra overwhelming. Your life has centered on caring for your children. You’ve managed school pickups, doctor appointments, meal planning, and every detail of your family’s daily routine. Now you’re facing major changes to your financial security and your role as a parent.
According to the US Bureau of Labor Statistics, 68.3% of mothers with children under age 6 participated in the labor force in 2024. This means nearly one-third stayed home. If you’re among those who stepped away from your career to raise your children, you’re not alone in your concerns about what comes next.
At Goldman Law, head attorney Scott Goldman understands the unique challenges stay-at-home parents face during divorce. His experience handling Colorado family law cases has helped countless clients protect their rights and secure their financial future. The firm’s track record speaks for itself, with clients praising Scott’s knowledge, professionalism, and dedication to achieving fair outcomes.
Understanding Your Financial Reality After Divorce
One of your biggest concerns is probably money. Can you afford to stay home after a divorce? The answer depends on several factors.
Colorado law recognizes your contributions to the marriage. Courts understand that homemaking and childcare are valuable work. When you stayed home, you enabled your spouse to build their career. The law accounts for this in property division and spousal maintenance decisions.
Spousal Maintenance in Colorado
Colorado law provides for spousal maintenance (also called alimony or spousal support) under Colorado Revised Statutes (CRS) section 14-10-114. The court can award maintenance if you lack sufficient property to meet your reasonable needs and can’t support yourself through appropriate employment.
The law specifically considers situations where you’re:
- Caring for a child whose condition makes it inappropriate for you to seek employment
- Unable to become self-sufficient due to time out of the workforce, OR
- The custodian of a child under 24 months old.
Here’s what matters: If your child is under 24 months, the court won’t consider you “voluntarily underemployed” just because you’re not working. Your role caring for your young child has legal recognition.
Colorado uses advisory guidelines to calculate maintenance. For marriages lasting at least three years where the combined adjusted gross income doesn’t exceed $240,000, the formula typically provides for 40% of the paying spouse’s monthly adjusted gross income minus 50% of your adjusted gross income. The calculation is adjusted based on total income to account for tax implications.
The duration of maintenance typically ranges from 30% to 50% of the marriage length for marriages under 12.5 years and 50% of the marriage length for longer marriages.
Recent changes to Colorado law under Senate Bill 25-116 now require courts to consider domestic violence, coercive control, economic abuse, and emotional abuse when determining spousal maintenance. This provides additional protection for victims.
Your Rights as a Parent
Your biggest fear may be losing time with your children. You’ve been their primary caregiver. You know their routines, preferences, and needs better than anyone. What happens when your ex, who may have limited involvement in daily childcare, suddenly gets parenting time?
How Colorado Courts View Parenting After Divorce
Colorado law changed in 1999 to replace terms like “custody” and “visitation” with “allocation of parental responsibilities” and “parenting time.” This shift reflects the modern understanding that both parents should maintain meaningful relationships with their children.
Courts make decisions based on the child’s best interests under CRS section 14-10-124. They consider factors including:
- The wishes of each parent and the child (when appropriate)
- The child’s relationship with each parent and siblings
- The child’s adjustment to home, school, and community
- The mental and physical health of all parties
- Each parent’s ability to encourage a relationship with the other parent
- Past patterns of involvement and ability to care for the child.
According to Pew Research Center, 26% of mothers and 7% of fathers were stay-at-home parents in 2021. US Census data also show that 78% of custodial parents in 2022 were mothers. Despite this, Colorado courts don’t favor one parent over the other based on gender.
What matters is your history as the primary caregiver. If you’ve been the one managing daily routines, you have a strong foundation for requesting substantial parenting time. However, you should prepare for your ex to have more involvement than during the marriage.
Common Parenting Time Schedules
Colorado courts often use two-week cycles for parenting plans. Common schedules include:
Equal time arrangements:
- 7-7 schedule: Children alternate weeks with each parent
- 2-5-5-2 schedule: Frequent exchanges with predictable patterns
- 3-4-4-3 schedule: No more than four consecutive days away from either parent.
Majority time arrangements:
- Every other weekend (80/20 split)
- Every other weekend plus one midweek overnight (70/30 split)
- 4-3 schedule (approximately 60/40 split).
The specific schedule depends on factors like the children’s ages, school locations, parents’ work schedules, and the distance between homes.
Your ex may struggle initially with routines you’ve perfected over the years. That’s normal. If serious problems arise that affect the children’s safety or well-being, legal mechanisms exist through post-decree modifications.
Property Division and Your Contributions
Colorado is an “equitable distribution” state under CRS section 14-10-113. This means property gets divided fairly, not necessarily equally.
The law specifically instructs courts to consider “the contribution of a spouse as a homemaker.” Your years managing the household, caring for children, and enabling your spouse’s career advancement have legal value.
What Courts Consider
When dividing marital property, judges look at:
- Each spouse’s contribution to acquiring the property
- Contributions as a homemaker
- The property value each spouse receives
- Each spouse’s economic circumstances
- Who should get the family home (especially when children are involved).
Here’s an example: Imagine a marriage where your spouse worked while you stayed home. You sacrificed career advancement to care for children and manage the household. Your non-financial contributions saved significant childcare costs and allowed your spouse to focus on their career.
In this situation, you might receive more than 50% of the marital property. Colorado’s equitable distribution recognizes that equal division isn’t always fair when one spouse gave up earning potential for the family’s benefit.
Separate Versus Marital Property
In a Colorado divorce, not everything gets divided. Separate property are assets that are solely owned by either spouse, and will not be distributed upon divorce. These often include:
- Assets owned before marriage
- Inheritances received during marriage
- Gifts from third parties (with some exceptions)
- Property designated as separate in a valid prenuptial agreement.
Most everything else acquired during marriage is marital property, regardless of whose name appears on the title. This includes retirement accounts, investment accounts, real estate, and business interests.
If one spouse’s separate property increased in value during the marriage due to marital contributions, that increase becomes marital property subject to division.
Preparing Yourself for the Transition
Going from stay-at-home parent to working parent requires planning. Here are practical steps:
Update Your Job Skills
If you’ve been out of the workforce for years, consider:
- Taking courses to refresh professional skills
- Earning new certifications in your field
- Volunteering to build recent references
- Networking with former colleagues
- Updating your resume with transferable skills from parenting.
Courts may award temporary maintenance specifically to allow time for education or training that increases your earning capacity.
Document Your Contributions
Keep records showing:
- Your role in the children’s daily routines
- Medical appointments, school events, and activities you’ve managed
- Household tasks and management responsibilities
- Any part-time or volunteer work you’ve done.
This documentation supports both parenting time requests and financial claims.
Build Your Support Network
Divorce is emotionally difficult. Surround yourself with:
- Friends and family who provide emotional support
- Professional counselors or therapists
- Support groups for divorced parents
- Your attorney who advocates for your legal rights.
Understand Your Financial Picture
Gather information about:
- All bank accounts and investment accounts
- Retirement accounts and pension plans
- Real estate values and mortgage balances
- Vehicles and their current values
- Credit card and loan balances
- Tax returns from recent years
- Your spouse’s income and benefits.
Knowledge is power. The more you understand about your family’s finances, the better prepared you’ll be.
Steps to Take Right Now
If you’re considering divorce or your spouse has already filed, take these actions:
- Consult with an attorney immediately. Even if you’re unsure about divorce, understanding your rights helps you make informed decisions.
- Gather financial documents. Collect bank statements, tax returns, pay stubs, retirement account statements, mortgage documents, and credit card statements.
- Document your parenting role. Keep calendars showing your involvement in the children’s activities, school events, and medical care.
- Open accounts in your own name. Establish independent credit and banking if you don’t already have them.
- Avoid major financial decisions. Don’t make large purchases, incur significant debt, or move money without consulting your attorney.
- Protect your children. Keep them out of conflicts. Don’t speak negatively about your spouse to them or around them.
- Take care of yourself. Divorce is stressful. Maintain your health through proper sleep, nutrition, exercise, and emotional support.
Common Concerns for Stay-at-Home Parents
“My Ex Never Handled Daily Childcare. How Will They Manage?”
This worry is valid. Your ex may not know the children’s routines, dietary restrictions, homework schedules, or friendship dynamics as well as you do.
However, most parents adapt. They learn through experience. Colorado courts generally believe both parents can develop these skills. If your ex truly can’t handle parenting responsibilities, that will become evident. You can then seek modifications through the court.
The key is documenting any concerns about the children’s safety or well-being. Keep a factual log of issues. Don’t prevent parenting time based on your worries alone.
“I Haven’t Worked in Years. Who Will Hire Me?”
Many stay-at-home parents successfully return to work. According to the US Bureau of Labor Statistics, 74% of all mothers with children under 18 participated in the labor force 2024, showing that working while parenting is common.
Consider starting with:
- Part-time positions that offer flexibility
- Remote work opportunities
- Positions in fields related to your previous career
- Entry-level roles with growth potential
- Freelance or contract work that fits your schedule.
Your parenting experience has given you valuable skills: time management, organization, problem-solving, budgeting, and conflict resolution. These translate to many professional roles.
“Can I Keep the House?”
Maybe. Courts often award the family home to the parent who has majority parenting time, at least temporarily. This provides stability for the children.
However, you need to afford the mortgage, taxes, insurance, and maintenance. If you can’t, keeping the house may not be practical.
Consider these other options regarding your family home:
- Your ex buys out your share of the equity.
- You buy out your ex’s share (possibly using other marital assets).
- You negotiate for exclusive use for a period (like until the youngest graduates), then sell.
- You and your ex sell the house immediately and divide proceeds.
Scott Goldman and the team at Goldman Law can help you evaluate which option makes sense for your situation.
“What If My Spouse Hides Assets?”
Asset concealment happens more often than people think. Warning signs include:
- Vague answers about finances
- Sudden transfers to friends or family
- New accounts you weren’t aware of
- Business income that seems lower than expected
- Lifestyle expenses that don’t match reported income.
Colorado has legal tools to uncover hidden assets through formal discovery, including:
- Interrogatories (written questions under oath)
- Requests for production of documents
- Depositions
- Subpoenas to banks, employers, and other third parties
- Forensic accountants, when needed.
If you suspect hidden assets, tell your attorney immediately. The court can impose sanctions for financial dishonesty.
The Importance of Experienced Legal Representation
Navigating divorce as a stay-at-home parent requires knowledge of Colorado’s complex family law system. You’re dealing with multiple legal issues simultaneously:
- Spousal maintenance calculations and duration
- Property division and valuation
- Parenting time schedules
- Child support obligations
- Potential post-decree modifications.
Each area has specific statutes, case law, and procedures. Mistakes can have lasting financial consequences.
Scott Goldman founded Goldman Law on the principle that every client deserves dedicated, personal attention. His approach combines legal knowledge with an understanding of the emotional challenges divorce brings. Clients consistently note his ability to remain professional and focused during difficult circumstances.
One client shared, “Scott handled my case with care and drove to a fair and reasonable outcome to my benefit. I would recommend Goldman Law and encourage you to have a conversation with Scott prior to going elsewhere for legal counsel.”
Another said, “Scott Goldman is a phenomenal lawyer. Not only did he represent my case well, but he was so clearly knowledgeable and passionate about our case that he was able to put my mind at ease during one of the most distressful times of my life.”
This level of representation matters when your financial future and relationship with your children are at stake.
What Makes Goldman Law Different?
The firm’s client testimonials consistently highlight several qualities:
- Clear communication about case status and strategy
- Aggressive representation balanced with reason
- Focus on what’s best for the children
- Willingness to listen and align with client goals
- Professional expertise in Colorado family law
Scott Goldman and our team at Goldman Law understand that stay-at-home parents face unique challenges. With our legal service, we’ve successfully helped clients:
- Secure appropriate spousal maintenance
- Protect substantial parenting time
- Achieve equitable property division
- Navigate complex financial situations
- Modify orders when circumstances change.
Our firm serves clients throughout Colorado, with convenient access for consultations and meetings.
Moving Forward with Confidence
Divorce marks the end of one chapter and the beginning of another. As a stay-at-home parent, you’ve demonstrated dedication, adaptability, and strength. These same qualities will serve you as you rebuild your life.
You have legal rights. Colorado law recognizes your contributions to your marriage and your importance in your children’s lives. With proper legal representation, you can achieve outcomes that protect your financial future and preserve your relationship with your children.
The transition won’t happen overnight. You may need time to develop job skills, adjust to new routines, and establish financial independence. That’s why temporary spousal maintenance exists. Use this time wisely to position yourself for long-term success.
Your children need you to be financially stable and emotionally healthy. They need both parents in their lives (in most cases). Focus on what you can control: your preparation, your legal strategy, and your own well-being.
Contact Goldman Law for a Consultation
Don’t face divorce alone. Scott Goldman and the experienced attorneys at Goldman Law are top-rated Colorado divorce and family law lawyers who understand exactly what you’re going through. Our firm has achieved excellent results for clients in situations just like yours, as evidenced by their testimonials and case outcomes.
Whether you need help understanding your spousal maintenance rights, protecting your parenting time, or ensuring fair property division, Goldman Law provides the knowledge and advocacy you deserve.
Call (303) 656-9529 today to schedule a consultation. Take this step toward protecting your future and your children’s well-being.
