Colorado Divorce Separation Agreement: How to Write and File JDF 1115

The separation agreement — officially Form JDF 1115 (Property and Financial Agreement) — is the document where you and your spouse put your agreed terms in writing. It covers everything the court needs to finalize your divorce: who gets which assets, who takes which debts, and whether either spouse pays maintenance. Without a signed JDF 1115, the court cannot enter a decree in an uncontested case.

This is the single most important document you will prepare, and it is where most pro se filers make costly mistakes.

What JDF 1115 Covers

The form addresses every financial aspect of your marriage:

Property division: real estate, vehicles, bank accounts, investment accounts, retirement accounts, personal property, and any other assets acquired during the marriage. Colorado is an equitable distribution state — the court divides marital property fairly, which does not always mean 50/50.

Debt allocation: mortgages, car loans, credit card balances, student loans, medical bills, and any other debts. The agreement must specify who is responsible for each debt going forward.

Spousal maintenance: whether one spouse will pay maintenance (alimony) to the other, the monthly amount, and the duration. If you agree on no maintenance, the agreement must explicitly state that both parties waive it.

Tax-related matters: who claims the children as dependents, how to handle joint tax returns for the current year, and any other tax obligations.

Marital vs. Separate Property

Colorado law distinguishes between marital property (acquired during the marriage, regardless of whose name is on it) and separate property (owned before the marriage, or received as a gift or inheritance during the marriage). Only marital property is subject to division.

If you are claiming that an asset is separate property, document it clearly in the agreement. Assets that have been commingled — like an inheritance deposited into a joint bank account — can lose their separate character and become divisible.

Common Mistakes to Avoid

Forgetting retirement accounts. A 401(k) or pension earned during the marriage is marital property even if only one spouse contributed. Dividing retirement assets requires a Qualified Domestic Relations Order (QDRO) — a separate legal document processed by the plan administrator. JDF 1115 alone does not transfer retirement funds.

Ignoring the debt side. Many couples focus on dividing assets and neglect to address debts in detail. A separation agreement that does not specify who takes each debt can lead to post-decree disputes and creditor problems. Remember: an agreement between you and your spouse does not bind creditors. If your name is on a joint credit card, the creditor can still come after you regardless of what your agreement says.

Vague language. "We'll split things fairly" is not enforceable. The agreement must identify specific assets and debts with enough detail that the court and both parties know exactly what was divided. Include account numbers, property addresses, and vehicle VINs where applicable.

Skipping the maintenance waiver. If neither spouse will pay maintenance, the agreement must explicitly say so. Silence on the issue can leave the door open for a post-decree modification request.

How to File JDF 1115

Both spouses must sign the completed agreement. The signatures do not need to be notarized, but the form is signed under penalty of perjury.

File the signed JDF 1115 with the court along with your other finalization documents:

• JDF 1018 (Affidavit for Decree Without Appearance) — if requesting a decree without a hearing
• JDF 1116 (Proposed Decree of Dissolution)
• JDF 1113 (Parenting Plan) — if you have minor children
• JDF 1821 (Support Worksheet) — if child support is involved

The court will not accept or sign the decree until the 91-day waiting period has expired and both parties have completed their mandatory financial disclosures.

What If You Cannot Agree

If you and your spouse cannot reach agreement on one or more issues, your case becomes contested. The court will typically order mediation — often through the state's Office of Dispute Resolution at $75 per party per hour — before scheduling a trial. If mediation fails, a judge will decide the unresolved issues at a permanent orders hearing.

The Colorado Divorce Filing Process Guide includes an asset and debt inventory worksheet designed to help you organize everything before drafting your agreement, reducing the risk of omissions.

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