Divorce at Altitude: A Podcast on Colorado Family Law

Divorce at Altitude: A Podcast on Colorado Family Law

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Divorce at Altitude: A Podcast on Colorado Family Law episodes

  • Dividing Retirement Accounts in A Divorce | Episode 69

    Retirement Accounts and Property Division in a Colorado Divorce

    In this short lesson from Divorce at Altitude, Ryan Kalamaya explains how retirement accounts are divided in a Colorado divorce and why these assets can be some of the most valuable—and most misunderstood—parts of property division. Using the fictional couple Eric and Melanie Wolff, Ryan shows why taxes make retirement funds different from cash in a bank account, and why divorcing spouses often treat retirement accounts as a separate asset class when negotiating an equitable division.

    Ryan also highlights common complications, including premarital contributions that may be separate property, the challenge of locating old account statements, and the need for specialized orders to divide qualified plans. He emphasizes a critical drafting issue: whether the division is based on a percentage or a fixed dollar amount, since account values fluctuate. The episode closes with an important reminder that Social Security benefits are not divided as marital property, even though they can affect the overall financial picture.

    Episode Outline

    Why Retirement Accounts Matter in Divorce
    How retirement savings can be one of the largest marital assets after the family home.

    Taxes Make Retirement Different From Cash
    Why a 401(k) balance and a bank account balance are not equal after taxes.

    Separating Retirement as Its Own Asset Class
    How attorneys often divide retirement accounts separately to account for tax treatment.

    Premarital Contributions and Separate Property
    How retirement savings from before the marriage can complicate division.

    Tracking Statements and Proving Balances
    Why missing historical statements can make premarital claims harder to support.

    Qualified Plans and Special Division Rules
    When a formal court order is required to split certain plans.

    QDRO Basics
    Why a Qualified Domestic Relations Order is often needed and usually handled by a specialist.

    Percentages vs Fixed Dollar Amounts
    Why the wording matters when account values rise and fall with the market.

    Social Security and Divorce
    Why Social Security is not divided as marital property, even though eligibility rules may still matter.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    5 min
  • Buying a Home After a Divorce with Ashton Brooks | Episode 68

    Mortgages and Refinancing During Divorce in Colorado

    In this episode of Divorce at Altitude, Amy Goscha is joined by mortgage professional Ashton Brooks to break down what divorcing spouses need to know about mortgages, refinancing, and qualifying for a new home in Colorado. Ashton shares his multi-generation real estate background and explains why planning early matters especially when a divorce involves keeping the marital home, buying a new residence, or relying on spousal maintenance or child support to qualify for financing.

    Ashton explains how lenders evaluate support income using “history and continuance,” why conventional and FHA rules differ, and how separation agreements and temporary orders can affect loan approval. The episode emphasizes a team approach divorce attorney and lender working together so clients can build a realistic budget, protect credit, and create a mortgage plan that actually works after divorce.

    Guest Information

    Ashton Brooks is a mortgage professional with a lifelong background in real estate and lending. He helps clients build mortgage plans early, improve credit when needed, and navigate refinancing or purchasing decisions during major life transitions like divorce.

    Episode Outline

    Ashton’s Path Into Mortgages
    How a multi-generation real estate family shaped his career in lending.

    Where Mortgage Rates and the Market Are
    How shifting rates, seasonality, and buyer demand affect purchase decisions.

    Rate Locks and Timing
    What lock periods mean and how longer locks change pricing.

    Appraisals and Paying Over Asking
    Why some buyers cover appraisal gaps and how comps can support higher prices.

    Common Divorce Mistakes With Credit
    How missed bills, drained accounts, and chaos can derail mortgage options.

    When to Bring in a Loan Officer
    Why early planning helps, especially before mediation or final settlement.

    Qualifying With Maintenance and Child Support
    How lenders evaluate support income using history and future continuance.

    FHA vs Conventional Support Rules
    Key differences in documentation, timelines, and mortgage insurance costs.

    Refinancing the Marital Home After Divorce
    What it takes to remove a spouse from the loan and why timing matters.

    Budget Reality Check
    The difference between what someone qualifies for and what they can truly afford.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    39 min
  • Socially-Responsible Investing, Making a Post-Divorce Impact, Family Mission Statements and Climbing Your Second Mountain with Coley Cassidy, CFA | Episode 67

    Socially Responsible Investing After Divorce in Colorado

    In this episode of Divorce at Altitude, Ryan Kalamaya continues the show’s financial advice mini-series with a conversation about socially responsible investing and ESG environmental, social, and governance strategies. Ryan is joined by Aspen native and financial advisor Coley Cassidy, who shares his path from competitive hockey and professional play in Europe to institutional investing in New York City, and ultimately back to Aspen to raise a family and advise individuals through major life transitions.

    Ryan and Coley break down what ESG and socially responsible investing actually mean, how values-based investing evolved, and why it matters for people navigating divorce especially spouses who may not have been involved in managing investments during the marriage. Using the fictional Eric and Melanie Wolff as a reference point, they discuss how post-divorce planning can become an opportunity to clarify priorities, align money with personal values, and measure “impact return” alongside financial return. The episode also explores how values-based investing can connect people to community, purpose, and family engagement helping create a more intentional financial life after divorce.

    Guest Information

    Coley Cassidy is a financial advisor and Aspen native with a background in institutional investing and family-focused advisory work. He helps individuals and families align their investments with their values, clarify financial priorities after major life changes, and understand both financial returns and real-world impact.

    Episode Outline

    Coley’s Journey Back to Aspen
    From competitive hockey and Europe to New York finance, then home to raise a family.

    What Socially Responsible Investing Means
    A clear definition of SRI and ESG and why the terms get misunderstood.

    How ESG Evolved
    How capital has been used to influence change and shape corporate behavior.

    Why This Matters in Divorce
    Helping spouses understand investments and rebuild confidence post-divorce.

    Beyond Performance
    Measuring impact alongside financial return to track real-world outcomes.

    Community and Purpose After Divorce
    How aligning money with values can support healing and forward momentum.

    Engaging Children and Family Values
    Using mission statements and shared priorities to create long-term direction.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    39 min
  • Tips for Navigating a High Conflict Divorce with Kids with Dr. Howard Selinger | Episode 66

    High-Conflict Divorce and Protecting Children in Colorado

    In this episode of Divorce at Altitude, Amy Goscha is joined by Howard Selinger, a clinical psychologist with more than four decades of experience, to discuss one of the most damaging aspects of divorce: high-conflict parenting and its impact on children. Drawing from years of working with families, attorneys, and courts, Dr. Selinger explains how unresolved hostility between parents can escalate through the legal system and deeply harm children’s emotional well-being.

    Amy and Dr. Selinger explore how parents often lose sight of their children’s needs when conflict takes over, and why involving kids in adult disputes creates anxiety, instability, and long-term emotional consequences. The conversation focuses on practical, child-centered strategies to reduce conflict, avoid putting children in the middle, and help parents realign their behavior with what truly serves their kids’ best interests—especially in high-conflict Colorado divorce cases.

    Guest Information

    Dr. Howard Selinger is a clinical psychologist with over 40 years of experience working with individuals, families, and children affected by divorce and high-conflict parenting. He frequently consults with parents and attorneys to help reduce conflict, protect children’s emotional health, and promote child-focused decision-making during and after divorce.

    Episode Outline

    What Defines a High-Conflict Divorce
    How ongoing hostility between parents escalates through litigation and harms families.

    The Impact of Parental Conflict on Children
    Why exposure to adult disputes causes anxiety, emotional distress, and behavioral issues.

    Keeping Children Out of the Middle
    How negative talk about the other parent destabilizes kids and damages attachment.

    Aligning Parenting Behavior With Desired Outcomes
    Why parental actions often undermine the results they claim to want.

    Encouraging Healthy Relationships With Both Parents
    How affirming a child’s right to love both parents supports emotional stability.

    De-Escalation Strategies in High-Conflict Cases
    Slowing down reactions and choosing responses that reduce—not fuel—conflict.

    The Psychologist’s Role in High-Conflict Divorce
    How mental-health professionals help parents refocus on children’s best interests.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    15 min
  • What Happens to the Family Home in a Divorce | Episode 65

    Real Estate and the Family Home in a Colorado Divorce

    In this short lesson on Divorce at Altitude, Colorado divorce attorney Ryan Kalamaya explains what typically happens to the family home and other real estate during a Colorado divorce. Using the podcast’s hypothetical clients Eric and Melanie Wolff, Ryan walks through the most common question couples ask when divorce becomes imminent: will one spouse (often the primary parent) stay in the marital residence, or will the home be sold?

    Ryan breaks down how Colorado courts approach the family home under C.R.S. § 14-10-113, including the court’s consideration of whether it’s desirable for children to remain in the home for a reasonable period of time. He also covers practical issues that come up in nearly every case: how real estate is valued (tax assessment, Zillow, realtor CMA, or appraisal), why refinancing is often required when one spouse keeps the property, and why commissions and hypothetical taxes usually aren’t deducted from the value if the home is not being sold. Finally, Ryan outlines the basics of selling the home during divorce—listing decisions, offer thresholds, and common disputes over repairs, mortgage payments, and tax deductions.

    Episode Outline

    The Wolff Story and the “Who Keeps the House?” Question
    Why the marital home is one of the biggest concerns for divorcing parents in Colorado.

    How Colorado Courts View the Family Home
    What the property division statute says about awarding the home to the parent with the children.

    Keeping the House After Divorce
    How value is determined and why refinancing is often part of the solution.

    Real Estate Valuation Methods
    Tax assessments, Zillow estimates, realtor CMAs, and appraisals—and why judges weigh them differently.

    Commissions and Taxes When the Home Isn’t Sold
    Why hypothetical selling costs often don’t reduce value if one spouse keeps the property.

    Personal Property Inside the Home
    Why furniture and household items can become part of the real estate conversation.

    Selling the Marital Residence During Divorce
    Listing decisions, broker selection, and how parties structure acceptance of offers.

    Common Sale-Related Disputes
    Repairs, mortgage payments, and tax deductions that can create conflict during the sale process.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    8 min
  • How Not to Screw Up Your Kids in a Divorce with the Divorce Doctor Elizabeth Cohen, PhD | Episode 64

    How Not to Screw Up Your Kids During Divorce in Colorado

    In this episode of Divorce at Altitude, Colorado divorce attorney Ryan Kalamaya is joined by “The Divorce Doctor,” Dr. Elizabeth Cohen, a clinical psychologist and divorce recovery expert. Dr. Cohen shares how her own divorce—while raising very young children—shaped her mission to help parents navigate separation without putting kids in the middle. Together, they unpack one of the most common questions in family law: how to tell your children you’re getting divorced and what to say (and not say) as the months and years unfold.

    Ryan and Dr. Cohen explain why the “divorce talk” is never just one conversation, how kids are wired to love both parents, and why oversharing adult conflict can create anxiety, loyalty binds, and long-term insecurity.

    Guest Information

    Dr. Elizabeth Cohen is a clinical psychologist with a PhD in clinical psychology and advanced training in Cognitive Behavioral Therapy (CBT). She specializes in divorce recovery and helps parents reduce conflict, regulate emotions, and protect children from adult stress during separation. She is the author of Light on the Other Side of Divorce: Discovering the New You and hosts The Divorce Doctor podcast.

    Episode Outline

    Dr. Cohen’s Path to Divorce Work
    How personal experience and clinical training led her to focus on divorce recovery.

    The “Divorce Talk” Isn’t One Conversation
    Why kids keep revisiting divorce questions over time—and how parents can prepare.

    How to Tell the Kids You’re Divorcing
    What matters more than a perfect script: creating a stable, supportive container.

    How Much Is Too Much to Share
    Why adult anger belongs with professionals and trusted adults, not children.

    Why Kids Defend the Other Parent
    How children are biologically wired to attach to both parents—even in conflict.

    Regulating Anger Without Spilling It on Kids
    Body-based strategies to discharge stress before it becomes reactive parenting.

    Modeling Healthy Relationships After Divorce
    How your behavior teaches kids emotional regulation and long-term resilience.

    CBT Basics for Divorce Stress
    How thoughts and behaviors can intensify conflict—and how to shift them.

    Co-Parent Communication and the “Pause”
    Why waiting before responding can reduce fights and protect children.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    29 min
  • Business Valuations in a Divorce | Episode 63

    Business Valuations in a Colorado Divorce

    In this episode of Divorce at Altitude, Ryan Kalamaya walks through how business interests are valued in a Colorado divorce and why valuation disputes are often some of the most complex issues in property division. Using the fictional Eric Wolff story as a framework, Ryan explains what happens when one spouse owns a business and how courts determine its value for equitable distribution. He breaks down when a business is valued, why the trial or hearing date matters, and how post-filing growth can still be treated as marital property.

    The episode explores the legal standards and financial concepts behind business valuations, including the role of expert witnesses, the discretion courts have in weighing valuation evidence, and why owners can testify about value even if they are not experts. Ryan also explains the three primary valuation approaches—income, market, and asset-based—and how courts analyze fair market value versus investment value. The episode closes with a discussion of common discounts, buy-sell agreements, and why operating agreements are considered but not controlling in Colorado divorce cases.

    Episode Outline

    Introduction to Business Valuations in Divorce
    Why business ownership creates unique challenges in Colorado property division.

    When a Business Is Valued
    Why valuation typically occurs at the time of trial or hearing, not separation or filing.

    The Court’s Role in Valuation
    Judicial discretion and the goal of determining current approximate value.

    Experts and Owner Testimony
    When expert valuation is required and why business owners may testify about value.

    The Income Approach
    How future earning capacity is analyzed, including the excess earnings method.

    The Market Approach
    Comparing a business to similar sales in the marketplace and adjusting for risk.

    The Asset or Cost Approach
    Valuing businesses based on assets minus liabilities, especially for asset-heavy or unprofitable companies.

    Standards of Value
    Investment value versus fair market value and which courts typically apply.

    Discounts in Business Valuation
    Lack of control and lack of marketability considerations.

    Buy-Sell and Operating Agreements
    Why these agreements are relevant but not determinative in a Colorado divorce.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    12 min
  • Wealth Management During a Divorce with David Kopp | Episode 62

    Financial Planning During and After Divorce in Colorado

    In this episode of Divorce at Altitude, Amy Goscha is joined by David Kopp for a practical discussion on why financial planning is essential during and after a Colorado divorce. David explains how many clients leave a case still asking the same question: Is this enough, and will it last? Together, they explore how early financial guidance helps reduce uncertainty, improve settlement outcomes, and create long-term stability.

    The conversation focuses on why a true “team approach” between divorce attorneys and financial planners matters—especially when preparing for mediation and post-divorce life. Amy and David unpack why a 50/50 division on paper may not be truly equal once taxes, liquidity, retirement rules, and inflation are considered. They also discuss common financial mistakes during divorce and how thoughtful planning can empower clients to move forward with confidence and clarity.

    Guest Information
    David Kopp is a wealth manager and financial planner with nearly 25 years of experience helping individuals through major life transitions, including divorce. His work focuses on comprehensive planning around income needs, asset protection, taxes, inflation, and long-term financial sustainability.

    Episode Outline

    David’s Path Into Financial Planning
    How decades of experience shifted his focus from investments alone to full-picture financial planning.

    Why Divorce Clients Ask “Is This Enough?”
    Understanding the fear behind settlement numbers and long-term financial security.

    The Team Approach in Divorce
    How financial planners and divorce attorneys work together before, during, and after a case.

    When to Bring a Financial Planner Into a Divorce
    Why early involvement—often after the first legal consultation—creates better outcomes.

    Budgeting and Defining Real Needs
    Moving beyond guesses to understand true living expenses and future income needs.

    Why Half Is Not Always Equal
    How taxes, liquidity, and asset type can dramatically change settlement value.

    Retirement Accounts and Hidden Traps
    Penalties, tax treatment, and access issues that impact post-divorce finances.

    Life After the Divorce Is Final
    Why clients should avoid major financial decisions early and focus on long-term planning.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    36 min
  • Dividing Marital Property | Episode 61

    Dividing Marital Property in Colorado Divorce

    In this short lesson from Divorce at Altitude, Ryan Kalamaya explains how Colorado courts define “property” and how marital property is divided in a divorce. Using the podcast’s fictional couple Eric Wolf and Melanie Wolf, he walks through what counts as a marital asset, what does not count, and how judges and attorneys typically structure property division.

    Ryan clarifies that some things people assume are property—like professional degrees—generally are not, while others—like business goodwill, pensions, military retirement pay, and certain legal claims—may be treated as property interests. He also explains the practical reality of division: courts don’t “split everything in half,” but instead use offsets (often with spreadsheets) so one spouse may keep an asset like a business while the other receives a different asset of comparable value. Finally, he reinforces that Colorado divides marital property equitably, which does not always mean equally.

    Episode Outline

    Related Lessons to Watch First
    Marital vs. separate property and the Eric/Melanie Wolf overview episode.

    What Counts as “Property” in Colorado?
    How Colorado law distinguishes between property and income.

    What Is Not Property
    Why professional licenses and degrees (JD, MD, teaching license) aren’t divisible property.

    Business Goodwill
    How goodwill/brand value can be included as marital property.

    Benefits and Retirement
    Why Social Security generally isn’t divisible, but pensions and military retirement pay can be.

    Other Potential Property Interests
    Examples like contingent legal fees and certain personal injury claims.

    Pets and Animals
    How the law can be less settled and fact-specific in pet-related disputes.

    How Marital Property Is Actually Divided
    The “three-basket” concept: the marital pot, then dividing assets into each spouse’s column.

    Offsets and Spreadsheets
    Why courts don’t literally divide assets (e.g., houses) and instead use equalizing offsets.

    Equitable vs. Equal
    The key takeaway: Colorado requires a fair division, not necessarily a 50/50 split.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    6 min
  • Challenges in Gray Divorces | Episode 60

    Gray Divorce in Colorado

    In this episode of Divorce at Altitude, Ryan Kalamaya and cohost Amy Goscha discuss “gray divorce”—divorce later in life—and why it has become more common for couples over 50. They explore how longer life expectancy, second and third marriages, and shifting financial independence can contribute to the trend.

    Ryan and Amy break down the legal and practical issues that can make gray divorces uniquely complex, including retirement income and spousal maintenance, dividing pensions and retirement accounts, Social Security considerations, and the reality that splitting one household into two can significantly increase expenses. They also discuss the value of financial planning during settlement, the impact of adult children (and multi-generational family dynamics), and how new relationships can complicate both the emotional and financial side of a divorce. Finally, they cover estate planning concerns—both during and after divorce—such as updating powers of attorney, healthcare directives, and creating solutions that protect spouses and children long-term.

    Episode Outline

    What Is a Gray Divorce?
    Why divorce later in life is increasing and what may be driving the trend.

    Maintenance and Retirement Income
    How retirement age, reduced earnings, and fixed income affect spousal support.

    Dividing Retirement Accounts and Pensions
    Key differences between pensions, 401(k)s, and IRAs—and why tax treatment matters.

    Social Security Considerations
    How Social Security benefits relate to divorce (and the limits on what courts can divide).

    Financial Planning During Settlement
    Why budgets, long-term projections, and professional planning can be critical.

    Insurance and Long-Term Care
    Life insurance to secure support obligations and planning for health-related costs.

    Capacity and Competency Issues
    How memory decline or incapacity can affect negotiations and require added protections.

    Adult Children and Family Dynamics
    Emotional impact, inheritance concerns, and complications involving grandchildren.

    Dating and Economic Fault
    How new relationships can trigger conflict and raise spending/dissipation issues.

    Estate Planning After Divorce
    Updating wills, beneficiary designations, and medical/financial decision-makers.

    What is Divorce at Altitude? 

    Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

    To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    35 min

About Divorce at Altitude: A Podcast on Colorado Family Law

From the publisher's feed

Award-winning Colorado divorce attorneys, Ryan Kalamaya and Amy Goscha, provide an approachable, insider view to divorce, parenting, relationships, and breakups. Episodes will include conversations…

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