Chapter 15 - § 15.9 • REOPENING DISSOLUTION OF MARRIAGE PROCEEDINGS

• Jurisdiction: Colorado

§ 15.9 • REOPENING DISSOLUTION OF MARRIAGE PROCEEDINGS

Under prior law, the personal representative could reopen a divorce proceeding against the decedent for the purpose of attempting to adjust the award of alimony. If the award is not alimony but is for a stipulated amount for the life of the spouse in lieu of alimony, the attempt will be unsuccessful.⁵³

Under the Colorado Dissolution of Marriage Act,⁵⁴ death terminates the decedent's rights to receive maintenance or the obligation to pay it. Death does not, however, discharge the decedent's obligation to pay child support, although it may be a change of circumstance that may alter the obligation or have the effect of satisfying it. In such a case, the question arises as to whether the effect of death on child support should be adjudicated as part of the probate proceedings or by reopening the dissolution proceedings. There may be concurrent jurisdiction of the probate and dissolution courts. In Denver, protocols have been worked...