Chapter 6 - § 6.16 • MISCELLANEOUS PROPERTY RIGHTS

• Jurisdiction: Colorado

§ 6.16 • MISCELLANEOUS PROPERTY RIGHTS

§ 6.16.1—Frequent Flyer Benefits

Frequent flyer benefits, if determined to be a marital asset, are subject to equitable division upon dissolution of marriage. See In re Marriage of Balanson, 25 P.3d 28 (Colo. 2001); In re Marriage of Page, 70 P.3d 579 (Colo. App. 2003).

§ 6.16.2—Contract Rights

Contractual rights that accrue during the course of a marriage are divisible property rights upon dissolution. Although the court cannot divide contractual rights for future services and commitments, those based on consideration given during the marriage are divisible. See In re Marriage of Sewell, 817 P.2d 594, 596 (Colo. App. 1991); see also In re Marriage Anderson, 811 P.2d 419 (Colo. App. 1990).

§ 6.16.3—Income Earned But Not Payable Until After Decree

Compensation is sometimes wholly or partially earned during marriage but payable after dissolution. To the extent earned at the time of the decree, this constitutes marital property subject to division. See In re Marriage of Piper, 820 P.2d 1198 (Colo. App. 1991); see also Anderson, 811 P.2d 419 (professional sports contract); In re Marriage of Vogt, 773 P.2d 631 (Colo. App. 1989), and In re Marriage of Bayer, 687 P.2d 537 (Colo. App. 1984) (contingent attorney fees); In re Marriage of Johnson, 576 P.2d 188 (Colo. App. 1977) (real estate commissions).

§ 6.16.4—Personal Injury Recoveries

An amount received by a spouse for settlement for personal injuries that occurred during the course of the marriage is marital property and is subject to equitable division irrespective of whether the reward is limited to pain and suffering. See In re Marriage of Fjeldheim, 676 P.2d 1234 (Colo. App. 1983). Such claims awarded for loss of consortium are likewise divisible marital property. See In re Marriage of Simon, 856 P.2d 47 (Colo. App. 1993).

Generally, a spouse's post-dissolution earnings are not marital property, so that benefits compensating for loss of those earnings are not subject to division. See In re Marriage of Smith, 817 P.2d 641 (Colo. App. 1991) (workers' compensation benefits for future lost earnings not marital property); In re Marriage of Nevil, 809 P.2d 1122 (Colo. App. 1991) (Veterans Administration disability pension is not considered property).

However, proceeds from a private disability insurance policy acquired with marital funds during the marriage are not excluded from the statutory definition of marital property and, thus, may be subject to division. Simon, 856...