During a divorce, a lot of families will enlist family planning services and a variety of different tools to make sure that their money is going to go where they desire it to. One of the key issues that come up in divorce cases when a trust is involved is the issue of whether the trust is property or non-property. Determining whether a trust is property or non-property can cause a lot of tension and uncertainty! 

Amy has just wrapped up a case involving a complex trust, so in today’s episode, Amy and Ryan dive into the topic of trust interests in a Colorado divorce, including the relevant types of interest, examples of some real-world Colorado cases, declaratory judgments, the two main models of tracing, and more! If you’ve recently gone through a divorce or another major life change, do yourself a favor and have your estate planning reviewed. 

Key Points From This Episode:

• An overview of today’s topic.
• Understanding property versus non-property in a divorce case under Colorado law. 
• Different types of interest as defined by the Division of Property Statute.
• Exploring real-world Colorado divorce cases where a trust is involved. 
• An explanation of what a declaratory judgment is and when it is useful.
• The importance of consulting with estate planning attorneys during a divorce case when a trust is involved.
• Why history is the best predictor of the future in these types of cases.
• Factors that the court needs to take into consideration with regard to spousal maintenance.
• The two main models of tracing.
• Previous Divorce at Altitude episodes that relate to this topic. 
• The importance of reviewing your estate planning after a 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 YouTu

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.