Legal Question in Family Law in Colorado

Re: Lottery winnings and common law marriage

Common Law Marriage (CLM) exists in only a few states, and is defined differently in each. In Colorado, CLM exists where the parties hold themselves out as married as determined by their behavior, such as telling people they are married, filing taxes together, putting one on the other's health insurance, etc. All assets acquired during a marriage, including CLM, by either spouse, except by gift or inheritance, is marital and subject to division if they get divorced. Lottery winnings would not be considered a gift or inheritance. Since the beginning of a CLM is often not as distinctly defined as traditional marriage, there may be debate as to whether a CLM exists and when it began. How that date relates to the date of acquiring an asset could be significant. The case law defining CLM is remarkably limited. A dispute about the existence of a CLM could be the source of significant legal debate.

*During* a marriage, neither spouse is required to share assets with the other; however, failure to share marital assets is often a cause for divorce, during which the assets will be divided.

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