Marriage of Schmidt
24CA1620
Colo. Ct. App.May 15, 2025Background
- Sarah Jean Schmidt (wife) and Andrew Robert Schmidt (husband) sought dissolution of their 19-year marriage in Colorado.
- The initial hearing occurred in January 2024; the judicial officer later retired before issuing permanent orders, and a new judge relied on transcripts to issue them in July 2024.
- The district court classified a portion of a mountain condominium as husband’s separate property and denied wife’s requests for maintenance and attorney fees.
- Wife challenged these permanent orders, focusing on property classification, income calculation for maintenance and child support, and denial of attorney fees.
- The appellate court affirmed the property division, but reversed and remanded for clearer findings on maintenance, child support, and attorney fees due to inadequate fact-finding and unclear procedures below.
Issues
| Issue | Schmidt's (Wife) Argument | Schmidt's (Husband) Argument | Held |
|---|---|---|---|
| Mountain Condo Property Classification | All value should be marital property | Part should be husband’s separate property | Court upheld $525,000 as husband's separate property |
| Income Calculation for Maintenance/Support | Court erred in determining wife's income | Averaging years appropriate; figure correct | Reversed—insufficient basis for income finding; remanded |
| Maintenance and Child Support Awards | Denied maintenance/support based on wrong income | Supported result given income determination | Reversed both, to be recalculated on remand |
| Attorney Fees | Entitled to fees; procedure below flawed | Properly denied; wife failed to seek hearing | Reversed for explicit findings on waiver or entitlement |
Key Cases Cited
- In re Marriage of Balanson, 25 P.3d 28 (Colo. 2001) (sets out steps for classifying property as marital or separate)
- In re Marriage of Morton, 2016 COA 1 (Colo. App. 2016) (standards on property division and review of factual findings)
- In re Marriage of Green, 169 P.3d 202 (Colo. App. 2007) (traceability and intent required to retain separate property status)
- In re Marriage of Amich, 192 P.3d 422 (Colo. App. 2007) (district court’s resolution of credibility and evidence is binding on appeal)