Divorce at Altitude: A Podcast on Colorado Family Law

Understanding Separate Property and Tracing in Divorce with Andy Baum

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Andy Baum, a Certified Public Accountant specializing in forensic accounting and business valuation in high-net-worth divorce cases. Andy explains the complexities of tracing separate property and determining its value in divorce. He also compares the laws in Colorado and California, highlighting the challenges of establishing separate property in a divorce.

Guest Information
Andy Baum is a CPA at Harper Hofer & Associates, specializing in forensic accounting, business valuation, and litigation support in divorce cases. With extensive experience in high-net-worth divorces, Andy helps clients trace separate property and provides expert analysis on asset division.

Episode Outline

Introduction to Separate Property and Tracing
Andy defines separate property and explains the process of tracing assets, emphasizing its importance in divorce cases.

Colorado vs. California Laws
Andy compares California’s well-defined rules for separate property with Colorado’s flexible approach. He discusses how the absence of clear guidance in Colorado can lead to complications in tracing separate property.

Tracing in Action: Hypothetical Case
Using the case of Eric and Melanie Wolf, Andy explains how separate property like stock portfolios and businesses is traced. He outlines how increases in value during the marriage can complicate the classification of property.

Commingling of Assets
Andy describes how commingling, such as mixing separate property with marital funds, complicates tracing and requires careful documentation to distinguish the original value.

Loans, Real Estate, and Property Classification
Andy explains the impact of loans on separate property, particularly when used as collateral for a marital asset like a home, and how these situations affect the asset’s classification.

Stock Options and Tax Liabilities
Ryan and Andy discuss stock options, including how they are treated in divorce cases, and the tax implications of separate property, especially when it’s used to pay for marital liabilities.

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].

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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.

Exploring Parenting Time Schedules: Understanding the 60/40 Arrangement in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya discusses various parenting time schedules, focusing on the 60/40 arrangement. Ryan breaks down the advantages and challenges of a 60/40 schedule and explains how it can work in different family situations. He also shares important considerations for parents when determining if this arrangement is the right fit for their children’s best interests.

Episode Outline

Introduction to 60/40 Parenting Time
Ryan introduces the concept of the 60/40 parenting time schedule and why it's a popular choice for parents who want substantial time with their children, but find a 50/50 schedule too complex.

Options for 60/40 Schedules
Ryan explains different types of 60/40 arrangements, such as the "43" schedule, where one parent has the child from Sunday to Wednesday, and the other parent has them from Wednesday to Saturday. He also discusses the extended weekend model, where one parent has the children from Friday to Monday.

Key Considerations for a 60/40 Schedule
Ryan shares factors to consider when determining if a 60/40 schedule is appropriate, including the parents’ proximity to each other, communication skills, and the child’s ability to adapt to the schedule.

Advantages of a 60/40 Schedule
Ryan highlights the benefits of a 60/40 schedule, such as providing children with significant time with both parents while minimizing the burden of frequent exchanges.

When a 60/40 Schedule Works Best
Ryan discusses how a 60/40 schedule works well for parents who want substantial time with their children but find a 50/50 schedule too complicated due to the number of exchanges or logistical challenges.

Conclusion
Ryan wraps up the episode by emphasizing the importance of tailoring the parenting time arrangement to the unique needs of the family and the child’s development. He encourages parents to communicate openly and work together to create a schedule that benefits everyone.

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].

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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.

Navigating Parenting Plans: Key Insights for Divorce and Co-Parenting

In this episode of Divorce at Altitude, Amy Goscha is joined by Joan McWilliams, an expert mediator and author, to discuss the essential components of parenting plans in divorce. Joan shares her extensive experience in mediation, focusing on child-related issues post-divorce. She explains how Colorado courts address parenting time and decision-making, providing valuable insights for parents and attorneys navigating the divorce process.

Guest Information
Joan McWilliams is a seasoned mediator and author specializing in family law. With over 30 years of experience, Joan has worked extensively with high-conflict family cases, ensuring children's needs are met while helping parents maintain a healthy co-parenting relationship post-divorce. She has authored two books on family dynamics and is a trusted advisor in the field.

Episode Outline

Introduction to Parenting Plans
Joan McWilliams explains the importance of a parenting plan and how it becomes a legally binding order that governs how parents will make decisions for their children and share parenting time.

Key Components of a Parenting Plan
Joan outlines the three main sections of a parenting plan: decision-making (health, education, and welfare), parenting time (including holiday and vacation schedules), and dispute resolution methods.

The Best Interest of the Child
Joan discusses the legal factors that determine the best interests of the child, including the wishes of the parents and children, the child’s relationship with both parents, and the ability of each parent to support the relationship with the other.

Addressing Complex Issues in Parenting Plans
Joan highlights common challenges, such as deciding on schooling, healthcare, and extracurricular activities, and how to manage conflicting decisions between parents.

Creating Fair and Flexible Parenting Time
Joan explains how parenting time is adjusted according to the child’s age, developmental needs, and the parents' schedules, ensuring both parents can bond with the child.

The Importance of Co-Parenting and Flexibility
Joan stresses the significance of maintaining a child-first approach and flexibility between parents, especially in navigating disagreements and maintaining a healthy co-parenting relationship.

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].

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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.

One of the main concerns for clients going through a divorce with kids, is what the parenting time schedules will look like.  

In most divorce cases, both parties opt to follow an equal, or 50/50 parenting time schedule. 

Ryan Kalamaya explains common equal parenting time schedules and the pros and cons of each.

In This Episode:

-       What equal parenting time schedule possibilities are there in a divorce?

-       What are the benefits for equal parenting time schedules?

-       When do equal parenting time schedules work in most divorces?

Make sure to follow us to continue the conversation on Facebook, LinkedIn, and Twitter. 

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting. 

Ryan Kalamaya, one of the founding partners of innovative law firm Kalamaya | Goscha, has created a simple, step by step guide to the Colorado divorce process, so you know what to expect and how to best protect yourself and your assets.  

Each 5-minute episode will cover the process for divorce, parenting in a divorce, property division, and more. To watch the videos of each episode, click here.

About Kalamaya | Goscha

Kalamaya | Goscha is an innovative law firm with an award-winning team of trial lawyers specializing in highly personal disputes — divorce, child custody, property division, maintenance/alimony, pre-marital and marital agreements, and collaborative divorce — in Colorado. 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]. 

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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.

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].

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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.

Exploring Alternative Dispute Resolution in Divorce: Private Judging, Mediation, and Special Masters with Judge Angela Arkin

 In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Judge Angela Arkin, a seasoned legal professional who transitioned from district court to private judging, mediation, and arbitration. With over a decade of experience managing domestic relations cases, Judge Arkin shares valuable insights on alternative dispute resolution tools in divorce cases, including private judging, mediation, and special masters. She explains how these options offer flexibility, reduce court backlogs, and help families resolve complex issues more efficiently.

Guest Information
Judge Angela Arkin is a former district court judge who now works as a private judge, mediator, and arbitrator. With a background in domestic relations law, Judge Arkin helps families navigate complex divorce and custody issues efficiently. She also serves as a special master in high-conflict cases, helping to resolve disputes involving child custody, and marital agreements.

Episode Outline

Introduction to Private Judging
Judge Arkin explains the role of a private judge in family law, highlighting how it offers a more flexible and efficient alternative to traditional court processes.

The Benefits of Private Judging
She discusses how private judging can expedite cases, offering more control to the parties involved and avoiding delays from court backlogs.

Special Masters in Domestic Relations
Judge Arkin outlines the role of a special master in resolving complex issues, such as business valuations or prenuptial agreements, when courts lack the time or resources to address them.

Mediation Techniques
Judge Arkin shares her mediation approach, emphasizing the importance of preparation and collaboration in helping parties settle their disputes.

Mediation vs. Arbitration
She explains the differences between mediation, where parties reach a mutual agreement where a neutral party makes a binding decision.

Real-Life Case Studies
Judge Arkin provides examples from her experience, showing how private judging, special masters, and mediation can resolve high-conflict and complex cases efficiently.

Advice for Attorneys and Clients
She offers practical tips for attorneys and clients on when to use alternative dispute resolution methods to achieve better outcomes.

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].

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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.

Understanding Parenting Time and Decision-Making in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya provides an overview of how Colorado courts determine parenting time and decision-making during divorce. In Colorado, the legal terms have changed from custody to “parenting time” and “decision-making,” focusing on the best interests of the children rather than ownership.

Ryan explains the key factors courts use to determine parenting time, including the wishes of the parents and children, the child’s adjustment to home and school, mental and physical health, and the ability of each parent to encourage a positive relationship with the other. The episode also delves into decision-making responsibilities, covering important areas like education, extracurricular activities, and health.

Episode Outline 

Introduction to Parenting Time and Decision-Making
Ryan introduces how Colorado courts determine parenting time and decision-making responsibilities during divorce.

Key Factors for Parenting Time
Ryan outlines the key factors courts use to decide parenting time, such as the parents' wishes, the child’s adjustment, health, and the ability to foster a positive relationship between parents.

The Impact of Children’s Wishes
Children’s preferences are considered, but Ryan explains that their wishes don't determine custody until they are 18, with the court factoring in their age and maturity.

Adjustments and Parent Involvement
Ryan discusses the role of sibling relationships, grandparents, and past parental involvement in determining parenting time.

Determining Decision-Making
Ryan explains the key factors courts weigh when assigning decision-making, including education, health, and extracurricular activities.

How Parenting Plans Are Created and Modified
Ryan talks about how parenting plans are formed and how they can be modified based on the child’s best interests or safety concerns.

Conclusion
Ryan concludes by emphasizing the importance of understanding these factors in creating a parenting plan that serves the child’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].

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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.

Understanding the Role of Mental Health Experts in Family Law: Evaluating Custody Evaluations
In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Dr. John Zervopoulos, a board-certified forensic psychologist, to discuss the role of mental health professionals in child custody evaluations. Dr. Zervopoulos, a seasoned consultant with over 400 forensic cases, introduces his PLAN Model, a four-step tool for evaluating mental health reports in divorce cases.

He explains how attorneys can assess an expert's qualifications, methods, reasoning, and recommendations to ensure the reliability of custody evaluations. Listeners will learn how to evaluate expert credibility, identify biases, and strengthen their legal arguments in custody disputes.

Guest Information
Dr. John Zervopoulos is a board-certified forensic psychologist and lawyer, helping family law attorneys navigate mental health expert testimony. He developed the PLAN Model, a tool for evaluating mental health reports, with over 400 forensic cases and 100+ expert qualifications.

Episode Outline
Introduction to Dr. John Zervopoulos
Ryan introduces Dr. Zervopoulos, who developed the PLAN Model for evaluating child custody evaluations and mental health expert reports.

Step 1: Expert Qualifications
The importance of assessing the qualifications of mental health professionals, including their training and specialty areas.

Step 2: Methods and Reliability
Evaluating the methods used in psychological evaluations, including interviews, testing, and collateral sources.

Step 3: Analyzing Conclusions and Inferences
Understanding the reasoning behind expert conclusions and ensuring they align with professional standards.

Step 4: Opinions and Recommendations
Assessing the practical application of expert recommendations and ensuring they are realistic and grounded in the evaluation’s findings.

Cross-Examining Mental Health Experts
Dr. Zervopoulos offers tips for lawyers on how to effectively cross-examine mental health experts in divorce and custody cases.

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].

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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.

Settling Your Divorce in Colorado: Parenting Plans and Separation Agreements

In this episode of Divorce at Altitude, Ryan Kalamaya explains the process of resolving a divorce in Colorado through settlement, focusing on two key documents: the parenting plan and the separation agreement. When you and your spouse can agree on some or all issues in your divorce, these documents can replace the need for a contested court hearing. The parenting plan addresses parenting time, decision-making, child support, and health insurance for children, while the separation agreement outlines the division of property, maintenance (alimony), and other financial considerations.

Ryan explains how the court reviews these documents to ensure they are fair and in the best interest of the children, highlighting the importance of having a comprehensive agreement in place. If both parties agree, the divorce can be finalized without a court appearance through an affidavit of decree without appearance, streamlining the process. Ryan also emphasizes the court’s duty to ensure that both the separation agreement and parenting plan are fair and just, and that they meet legal requirements.

Episode Outline

Introduction to Settling a Divorce
An overview of how settling your divorce through a parenting plan and separation agreement can avoid a contested hearing.

The Parenting Plan
What the parenting plan includes, such as decision-making, parenting time, and child support, and how it is reviewed by the court.

The Separation Agreement
What is covered in the separation agreement, including property division, maintenance, and attorney’s fees.

The Role of the Court in Reviewing Agreements
How the court ensures the agreements are fair, not unconscionable, and in the best interest of children.

Affidavit of Decree Without Appearance
How the court can finalize a divorce without a hearing when both parties agree on the terms.

Final Decree
What the final decree includes, such as the incorporation of the parenting plan and separation agreement, and how it addresses issues like name restoration and support orders.

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].

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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.

Understanding Permanent Orders in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya breaks down the process of permanent orders in a Colorado divorce. After mediation and discovery, if disputes remain unresolved, the case proceeds to a final trial where the judge will make decisions on critical issues like parenting time, property division, maintenance (alimony), and child support. Ryan explains what to expect during this trial, how evidence and testimony are presented, and the general sequence of decisions made by the court.

The episode provides a comprehensive look at the key issues the court will consider: the allocation of parenting time and decision-making responsibilities, dividing marital property, determining alimony, calculating child support, and addressing attorney’s fees. This insight will help clients understand what to expect at this stage and the factors that influence the judge’s decisions.

Episode Outline

Introduction to Permanent Orders
What permanent orders are and when they come into play during the divorce process.

Issues Considered by the Court
How the court handles parenting time, decision-making, property division, maintenance, child support, and attorney’s fees during a divorce trial.

Presentation of Evidence
The types of evidence (like bank statements and tax returns) that can be introduced during the hearing and how they influence the court’s decisions.

Child Support and Maintenance
How maintenance (alimony) and child support are determined based on property division and income.

Duration of the Hearing
What to expect regarding the length of the hearing and the factors that may cause it to last multiple days or weeks.

Final Considerations
How the court will allocate responsibility for attorney’s fees and other factors that influence the divorce outcome.

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].

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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.

Trusts and Estate Planning in Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Kim Willoughby, a leading attorney with expertise in complex financial divorce cases and estate planning. Kim shares her wealth of knowledge on the role of trusts in divorce proceedings, explaining how they can impact the division of assets and financial settlements. From revocable trusts to irrevocable trusts, Kim breaks down how different types of trusts can be used to protect assets and influence divorce outcomes.

Kim discusses the distinction between revocable and irrevocable trusts and how the classification of a trust can affect its inclusion as marital property during a divorce. She also explores common estate planning strategies, such as A-B trusts, dynasty trusts, and qualified personal residence trusts (QPRTs), explaining how these tools are designed to minimize estate taxes but can complicate divorce settlements. The episode also covers the importance of understanding the trustee's role and the challenges faced when dealing with complex trusts in divorce.

Guest Information
Kim Willoughby is a top family law and estate planning attorney with extensive experience in handling complex financial divorce cases. A member of the American Academy of Matrimonial Lawyers, Kim has been recognized for her expertise in both divorce law and estate planning, helping clients navigate sophisticated financial matters and manage trusts during divorce.

Episode Outline

Introduction to Trusts in Divorce
Kim explains what a trust is, its role in estate planning, and how it can impact divorce settlements.

Revocable vs. Irrevocable Trusts
The key differences between revocable and irrevocable trusts and how they are treated in divorce cases.

Estate Planning Trusts
How trusts like A-B trusts, dynasty trusts, and QPRTs are used in estate planning and their implications in divorce.

The Role of the Trustee
Kim discusses the role of the trustee in managing assets in a trust and how it affects divorce proceedings.

Handling Trusts in Divorce
What to do when a spouse is the beneficiary of a trust, including the impact of discretionary and irrevocable trusts on the division of assets.

Estate Planning and Divorce Best Practices
Advice for family law attorneys on how to handle trusts in divorce cases and when to consult an estate planning attorney.

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].

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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.