Divorce at Altitude: A Podcast on Colorado Family Law

How Colorado’s LLP Program Is Creating a New Path to Affordable Legal Support | Episode 245

Thu, 03 Sep 2026 09:00:00 -0600

Licensed Legal Paraprofessionals (LLPs) in Colorado: Expanding Access to Family Law Help | Divorce at Altitude

Welcome back to Divorce at Altitude with co-host Amy Goscha. This episode features Megan Flanagan, a Licensed Legal Paraprofessional (LLP) practicing family law in Colorado. Together, Amy and Megan discuss the evolution of the LLP program, how LLPs are helping bridge the gap between self-represented litigants and traditional legal representation, and what the future may look like for this growing profession.

Many people going through divorce or custody matters cannot afford traditional legal representation but still need guidance navigating complex legal processes. This episode explores how LLPs provide limited-scope legal services, support clients through family law matters, and improve access to justice while working alongside attorneys.

Episode Highlights

Megan’s Journey to Becoming an LLP
How Megan transitioned from more than two decades as a family law paralegal into one of Colorado’s first Licensed Legal Paraprofessionals and how her firm integrated LLPs into its practice model.

What LLPs Do and How They Help Clients
Understanding the role of LLPs, their limited license to practice law, and how they assist clients who may not have the resources for traditional attorney representation.

The Difference Between LLPs and Paralegals
How LLPs navigate their dual experience, the difference between supporting an attorney as a paralegal and representing clients under an LLP license, and why clear communication about roles is important.

LLPs in Court: Expanding Responsibilities
How recent rule changes now allow LLPs to examine and cross-examine witnesses, introduce evidence, and handle more aspects of hearings while continuing to build courtroom experience.

Collaboration Between LLPs and Attorneys
Why co-counseling models allow clients to receive specialized support while ensuring complex legal issues remain handled by experienced attorneys when needed.

The Future of the LLP Program
Discussion about expanding LLP services into additional practice areas, building mentorship opportunities, and creating stronger pathways for future legal professionals.

Key Takeaways

✔ LLPs help provide affordable legal guidance for people who may otherwise struggle to access representation.
✔ The LLP role is different from a traditional paralegal role and comes with professional responsibilities and ethical obligations.
✔ Recent rule changes have expanded what LLPs can do in court, making the process more efficient for many families.
✔ Successful LLP programs require collaboration between attorneys, courts, mentors, and legal professionals.
✔ Building a strong pipeline of trained LLPs and paralegals will be important for the future of accessible legal services.

What is Divorce at Altitude?

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

What Social Science Reveals About Relocation Outcomes | Episode 244

Fri, 12 Jun 2026 00:00:00 -0600

Parental Relocation in Divorce: Legal and Social Science Insights

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha explore the complex and high-stakes world of parental relocation after separation or divorce. Joined by Dr. Kate McNamara, a child and family evaluator, they dive into the legal framework in Colorado, social science research, and practical strategies for navigating relocation cases—where children’s stability, parental rights, and family dynamics intersect.

Guest Information

Dr. Kate McNamara, PhD is a licensed psychologist and child/family evaluator with decades of experience in parental responsibility evaluations, long-distance parenting coordination, and therapy. She provides expert insight on social capital, risk factors, and protective factors that influence children’s adjustment to relocation.

Episode Highlights

Legal framework for relocation – Understanding Colorado statutes (C.R.S. 14-10-124 & 129), pre-decree vs. post-decree relocation, and burden-shifting standards from key cases like Cheslick, Spawner, and In re Dale.

Social capital and children’s outcomes – How the web of relationships with family, friends, teachers, and community supports affects adjustment to relocation.

Age-specific risks – Young children, adolescents, and children with special needs face unique challenges in maintaining relationships and routines.

Gatekeeping and parental involvement – Restrictive behaviors that limit access to the non-relocating parent can significantly impact relocation outcomes.

Practical planning – Designing parenting plans, summer schedules, and decision-making protocols to mitigate stress and preserve relationships.

Evidence-based evaluation – Using tools like PREs, CFIs, and risk assessment models to forecast potential impacts on children and guide informed judicial decisions.

Why Listen?
Whether you are a parent, attorney, or family law professional, this episode equips you with the knowledge to understand relocation risks, legal requirements, and strategies to support children through high-stakes transitions. Learn how to balance parental rights, child stability, and long-term well-being in complex relocation scenarios.

What is Divorce at Altitude?

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Divorce, But Smarter: There’s Onward.life for That | Episode 243

Thu, 28 May 2026 00:00:00 -0600

Divorce Technology and Onward.life: Simplifying Financial, Legal, and Emotional Challenges

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Alexa and Jason, the founders of Onward.life, a legal tech platform designed to help individuals navigate the complexities of divorce. From financial disclosures to co-parenting plans and emotional wellness, this conversation explores how technology is streamlining divorce processes and providing holistic support for families.

Guest Information

Alexa experienced the frustrations of divorce firsthand, inspiring her to create Onward.life to support others through financial, legal, and emotional aspects. Jason Weiss co-founded the company, bringing deep experience in technology and product development to ensure the platform is practical, secure, and user-friendly. Together, they provide a holistic solution for those navigating divorce, whether self-represented or working with attorneys.

Episode Highlights

Origin story – How Alexa’s personal divorce experience led to the creation of Onward.life.

Financial transparency and automation – Using open banking and AI tools to import and organize assets, debts, income, and expenses for accurate disclosure and planning.

Legal guidance – Helping users prepare for state-specific financial statements and co-parenting plans, with ongoing support throughout the process.

Emotional wellness – Interactive tools like the Feelings Wheel, journaling, and daily check-ins to address mental health during divorce.

AI in divorce tech – Supporting tasks in the background without replacing human judgment or legal counsel.

Community and resources – Access to peer forums, educational content, and therapist-led support groups.

Why Listen?
Whether you’re navigating divorce personally or professionally, this episode offers insights into how technology can reduce stress, save time, and empower families. Learn how Onward.life integrates legal, financial, and emotional support into a single, accessible platform.

What is Divorce at Altitude?

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Cold Wallets & Hot Secrets: Crypto, Privacy, and Asset Hiding in Divorce| Episode 242

Fri, 20 Feb 2026 00:00:00 -0700

Digital Assets, Cryptocurrency & Privacy in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Chicago-based family law attorney Jonathan Steele to explore the rapidly evolving world of digital assets, cryptocurrency, and privacy in divorce cases. As technology continues to shape financial and personal lives, this episode breaks down how crypto works in divorce, common misconceptions, and practical strategies for uncovering hidden assets while protecting client privacy.

Guest Information

Jonathan Steele is a family law attorney based in Chicago with a unique background that combines divorce law with cybersecurity and digital privacy expertise. During the COVID era, he developed a deep focus on digital assets, authentication of evidence, and privacy issues—particularly in high-asset divorce and stalking-related cases. In addition to practicing family law, Jonathan consults on cybersecurity and digital privacy matters, helping attorneys and clients navigate complex issues involving cryptocurrency, digital tracking, and online data.

Episode Highlights

What counts as a digital asset in divorce
Jonathan explains that digital assets go beyond cryptocurrency. They can include domain names, software, online businesses, and other digital property.

The biggest misconception about cryptocurrency
A key myth is that crypto is completely anonymous. Jonathan clarifies that it is actually “pseudonymous,” meaning transactions are permanently recorded on a blockchain.

Understanding exchanges vs. cold storage
Ryan and Jonathan break down how crypto is held. Exchanges like Coinbase function similarly to brokerage accounts, while cold storage wallets (offline devices) act more like a private safe.

Why subpoenas aren’t always enough
Many attorneys default to subpoenaing exchanges, but Jonathan notes that this often misses the bigger picture.

The “on-ramp and off-ramp” strategy
Instead of starting with exchanges, Jonathan recommends looking at bank statements.

Cold wallets and the seed phrase problem
Cold storage wallets require a private “seed phrase” (often 12 words) to access funds.

What is Divorce at Altitude?

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Forensic Accounting in Colorado Divorce: Finding Hidden Income and Assets with Doug Chambers | Episode 241

Thu, 12 Feb 2026 00:00:00 -0700

Forensic Accounting in Divorce: Following the Money with Doug Cash

In this episode of Divorce at Altitude, Amy Goscha is joined by forensic accountant Doug Cash to discuss how forensic accounting fits into divorce cases, especially when one spouse knows far more about the finances than the other. Doug explains the difference between tracing and following money, how forensic accountants differ from business valuation experts, and why getting a forensic accountant involved early can make a major difference in a divorce case.

Guest Information

Doug Cash is a forensic accountant with Eide Bailly whose background is unusually rooted in law enforcement and financial investigations. He spent nearly three decades in law enforcement in New Mexico and Arizona, including work as a fraud detective with the City of Mesa, as a special agent for the State of Arizona investigating insurance fraud, and in anti-money laundering and anti-terrorist financing investigations for JPMorgan Chase.

Episode Highlights

Why forensic accounting matters in divorce
Amy and Doug discuss how many divorce cases involve a major imbalance in financial knowledge. One spouse may have managed the business, accounts, and records, while the other has little idea where the money went or what the actual financial picture looks like.

Doug’s unusual path into forensic accounting
Doug shares that his professional background began in law enforcement, not accounting. He started as a police officer at 18 later moved into fraud investigations, worked insurance fraud and anti-money laundering cases and eventually transitioned into forensic accounting.

The difference between a forensic accountant and a business valuation expert
Doug explains that a business valuation expert is usually working from financial statements profit and loss statements, tax returns, and other summarized documents to form an opinion about what a business is worth.

Why source documents matter
A recurring theme in the episode is that source documents are critical. Doug explains that tax returns and sworn financial statements are only numbers on a page unless someone checks the documents underneath them.

How forensic accountants can help shape discovery
Doug notes that forensic accountants can be useful before discovery is even served. By helping attorneys identify the right documents and requests early they can make the process more efficient and targeted.

What is Divorce at Altitude?

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Discretionary Trusts in a Divorce with Mackenzie Ralstin | Episode 240

Mon, 02 Feb 2026 14:00:00 -0700

Discretionary Trusts in Divorce: What Is Actually Protected?

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by associate attorney McKenzie Ralston to discuss discretionary trusts and how they are treated in Colorado divorce cases. Many people believe that assets held in a trust are “bulletproof” and completely protected from division—but as Ryan and McKenzie explain, that is not always the case. The episode explores when trusts are protected, when they may be considered property, and how trust distributions can still impact child support and spousal maintenance.

Guest Information

McKenzie Ralston is an associate attorney at Kalamaya Goscha with a background in estate planning and tax law. She earned both her Juris Doctor and a Master’s in Tax from the University of Denver Sturm College of Law. McKenzie brings a unique perspective to family law by focusing on the intersection of divorce, trusts, and estate planning, helping clients understand how wealth structures like trusts are treated in divorce proceedings.

Episode Highlights

Why people think trusts are “bulletproof”
Ryan explains that many clients come into divorce believing that if assets are in a trust, they are automatically protected. While this is sometimes true, it depends heavily on the type of trust and how it is structured.

What is a discretionary trust?
McKenzie breaks down discretionary trusts as trusts where the trustee has full discretion over whether to make distributions to the beneficiary. This means the beneficiary does not have a guaranteed right to receive money.

Revocable vs. irrevocable trusts
Revocable trusts can be changed or revoked by the person who created them and are generally not considered property in divorce. Irrevocable trusts, on the other hand, cannot be changed and may raise more complex issues.

When a trust becomes property in divorce
The episode highlights that not all trusts are protected. If a beneficiary has a guaranteed right to receive assets—such as in certain remainder interests—those assets may be considered property under Colorado law.

The Balanson case and why it matters
Ryan and McKenzie discuss In re Marriage of Balanson, a key Colorado case that established that even a future interest in a trust can be considered property if it cannot be withheld.

What is Divorce at Altitude?

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Understanding the Latest Child Support Statute Updates | Episode 239

Fri, 09 Jan 2026 00:00:00 -0700

Colorado Child Support Statute Updates: What Changes in 2025 and 2026 Mean for Families

In this episode of Divorce at Altitude, Amy Goscha and associate attorney Kate Mulholland break down major updates to Colorado’s child support statute. They explain how House Bill 25-1159 changes the treatment of extraordinary medical expenses, tax credits, retroactive child support, low-income calculations, and parenting-time credits. The conversation focuses on what family law practitioners and parents need to know as the new rules take effect in phases across 2025 and 2026.

Guest Information

Kate Mulholland is an associate attorney at Kalamaya Goscha, where she practices primarily family law and also handles criminal defense and civil protection order matters. She joined the firm in August 2024 and works on contested family law issues, post-decree disputes, motions practice, and cases involving the overlap between family law and criminal law.

Episode Highlights

Why Colorado overhauled its child support framework
Kate explains that House Bill 25-1159 is the most significant child support update in more than a decade. The goal is to modernize the statute to reflect current cost-of-living realities, address low-income situations more fairly, clarify medical expense handling, and align state practice with IRS guidance on tax benefits.

Medical expense changes effective May 31, 2025
One of the first major updates eliminated the old $250 threshold that each parent had to meet before being reimbursed for extraordinary medical expenses.

Ordinary vs. extraordinary medical expenses are now defined
The statute now clearly distinguishes between ordinary and extraordinary medical expenses. Extraordinary expenses include co-pays, deductibles, uninsured out-of-pocket expenses, prescription medication, medical equipment, orthodontia, and dental treatment.

Why this matters in real life
Amy and Kate use Eric and Melanie Wolf as an example. Before the update, Melanie might have had to spend $250 of her own money on the children’s extraordinary medical expenses before she could seek reimbursement.

The statute now creates more predictability for reimbursement
Kate notes that the updated law also gives structure to reimbursement timing. A parent seeking reimbursement must provide proof within a reasonable time, and if proof is not provided by July 1 of the following year.

What is Divorce at Altitude?

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Meet Kate Mulh: Insights from Family and Criminal Law | Episode 238

Fri, 19 Dec 2025 00:00:00 -0700

Meet Associate Kate Mulholland: Family Law, Criminal Defense, and Supporting Clients Through Crisis

In this episode of Divorce at Altitude, Amy Goscha introduces associate attorney Kate Mulholland and discusses her background, her path into law, and the perspective she brings to family law cases. They explore her experience in divorce, parenting disputes, civil protection orders, and criminal defense, along with the importance of communication, managing expectations, and supporting clients through high-stress situations.

Guest Information

Kate Mulholland is an associate attorney at Kalamaya Goscha, focusing primarily on family law while also handling criminal defense and civil protection order matters. Originally from Ohio, Kate moved to Colorado for law school and gained extensive early experience through internships, trial work, and clinical programs. Her practice includes contested divorce issues, post-decree modifications, mediation, and cases involving the intersection of family law and criminal law.

Episode Highlights

Kate’s path into family law
Kate shares that personal experiences with family members going through divorce inspired her to pursue family law, where she can make a meaningful impact during critical moments in clients’ lives.

Early hands-on legal experience
From working with the Denver Municipal Public Defender to participating in DU’s criminal defense clinic, Kate gained trial and appellate experience early in her career, shaping her litigation skills.

The firm’s team-based approach
Amy and Kate discuss the partner-associate-paralegal model, emphasizing how collaboration improves strategy, efficiency, and client outcomes.

How Kate supports clients in high-stress situations
Kate focuses on meeting clients where they are emotionally while ensuring they have a full support system, including therapists, financial professionals, and co-parenting coaches.

The importance of early intervention
Addressing issues early in a case especially those involving children and finances can prevent escalation and lead to better long-term outcomes.

Managing client expectations realistically
Kate emphasizes transparency from the beginning, helping clients understand both the strengths and limitations of their case and the realities of the legal system.

What is Divorce at Altitude?

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Managing Youth Sports in Co-Parenting: Tips to Avoid Sports-Related Disagreements | Episode 238

Thu, 11 Dec 2025 00:00:00 -0700

Youth Sports and Divorce: How Parents Can Keep Kids Out of the Conflict

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss how youth sports can become a major source of conflict in divorce and co-parenting cases. They explain why sports can be incredibly positive for children, how parental pressure and competing households can complicate things, and what parents should address in a parenting plan to avoid turning sports into another battleground.

Episode Highlights

Why youth sports matter so much in divorce cases
Sports are often a huge part of a child’s life and identity. They provide physical activity, structure, resilience, teamwork, leadership, friendships, and an emotional outlet. For children going through divorce, sports can also be a stabilizing force and a break from family stress.

The benefits of youth sports for kids
Ryan and Amy highlight that sports teach children how to fail safely, recover from setbacks, and commit to something bigger than themselves. They also emphasize the mental health benefits, physical movement, and social belonging that sports can provide during a difficult family transition.

How youth sports have become much more intense
Both Ryan and Amy note that youth sports today are far more intense than when they were growing up. Seasons now run year-round, travel teams start younger, and the pressure to specialize early has increased dramatically.

The different developmental stages matter
Ryan explains that younger children should usually be in a “sampling” phase, trying different sports and activities rather than specializing too early. As kids get older, one or two sports may emerge more naturally, but parents should be careful not to force specialization before the child is ready.

The danger of parental pressure
One of the biggest themes of the episode is how easy it is for parents to make sports about themselves. Parents may project their own hopes, identity, or fears onto the child. That can lead to too much pressure, burnout, and conflict both with the child and with the other parent.

Why divorced parents often clash over sports
Sports can create disputes over schedules, practices, tournaments, coaching roles, costs, travel, and how much commitment is too much. One parent may view a sport as an important developmental opportunity, while the other sees it as an expensive, disruptive, or unnecessary burden.

What is Divorce at Altitude?

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Can My Ex Enroll Our Kids in Sleepaway Camp? Understanding Co-Parenting Agreements | Episode 237

Thu, 04 Dec 2025 00:00:00 -0700

Sleepaway Summer Camps and Divorce: How Parents Can Plan Ahead

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss how sleepaway summer camps can become a major issue in divorce and co-parenting cases. They explain why camps can be valuable for kids, why they often create conflict between parents, and how careful planning in a parenting plan can prevent unnecessary disputes.

Episode Highlights

Why sleepaway camp becomes a divorce issue
Summer camp is not just about fun. For divorced parents, it often means lost parenting time, extra expenses, travel logistics, and disagreements over whether camp is even a good idea. Ryan and Amy explain that this becomes especially important when parents already feel like they are losing time with their children.

The emotional side of camp for parents
One of the biggest drivers of conflict is emotional. A parent may feel that a sleepaway camp takes away precious summer time with their child, especially when parenting time is already divided. That emotional reaction can turn camp into a bigger fight than it might otherwise be.

History and family tradition matter
If a child has gone to the same camp for years, or if one parent has a personal connection to that camp from childhood, that history can make the issue more complicated. A legacy camp may feel deeply meaningful to one parent while the other sees it as unnecessary or one-sided.

Why early planning is critical
Many sleepaway camps fill up months in advance. Ryan and Amy stress that if parents wait too long to discuss camp, the issue can become a crisis. They recommend addressing summer camp deadlines early in the year and putting specific planning deadlines into parenting agreements.

Why judges are not the best solution for camp disputes
If parents wait until there is a fight and then try to get a judge to decide, it may be too late. Courts are unlikely to treat a summer camp disagreement as an emergency, which means the timing often makes litigation impractical.

What “nesting” means and why it matters
Although the main focus is summer camp, Ryan and Amy touch on nesting as another example of creative parenting solutions. In a nesting arrangement, the children stay in one home while the parents rotate in and out. They note that families in mountain communities may have housing setups, such as lock-offs, that make these arrangements more realistic.

What is Divorce at Altitude?

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Holiday Co-Parenting: Making the Season Work for Your Kids | Episode 237

Fri, 21 Nov 2025 00:00:00 -0700

The holiday season can amplify both the joy and the stress for divorced or separated parents. In this re-broadcasted episode of Divorce at Altitude, Ryan and Amy revisit one of the most common challenges families face this time of year: creating a holiday parenting plan that works for everyone—especially your kids.

We break down the key differences between regular parenting schedules and holiday-specific schedules, and why courts often treat them separately. Ryan and Amy also walk through important considerations such as your child’s age, travel logistics, extended family involvement, and how your existing custody arrangement interacts with holiday time.

You’ll also learn practical strategies for minimizing holiday conflict, including when a parenting coordinator may help, how to approach scheduling conversations proactively, and ways to reduce last-minute surprises.

Because every family is unique, the episode highlights an online tool designed to help you thoughtfully plan both regular and holiday parenting schedules.

What is Divorce at Altitude?

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Alimony & Domestic Violence: The New Colorado Rules | Episode 236

Thu, 23 Oct 2025 02:00:00 -0600

Spousal Maintenance and Domestic Violence: A New Factor in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha explore how spousal maintenance (alimony) is evolving in Colorado specifically with the introduction of new considerations around coercive control, domestic violence, and financial abuse. They explain how these factors may now influence whether maintenance is awarded, how much, and for how long.

Episode Highlights

What is spousal maintenance and when does it apply
Spousal maintenance comes into play when one spouse cannot meet their reasonable financial needs after divorce through property division and their own income. Amy explains that Colorado uses an advisory guideline based on income and length of marriage, but courts still retain discretion.

How maintenance law has evolved in Colorado
Ryan walks through how the maintenance statute has changed over time—from discretionary factors to guideline formulas, tax law changes, and now the addition of new behavioral considerations like coercive control and abuse.

The new factor: coercive control and domestic violence
Courts are now required to consider whether there was domestic violence, emotional abuse, financial control, or litigation abuse when determining maintenance. This marks a shift from focusing purely on financial need to also considering the dynamics of the relationship.

Financial abuse as part of the analysis
Amy highlights real-world examples of financial abuse, such as one spouse controlling all accounts, limiting access to money, or placing debt in the other spouse’s name. These behaviors may now directly impact maintenance outcomes.

How this could change outcomes in divorce cases
The new factor could increase maintenance for a victim spouse or potentially prevent a perpetrator from receiving maintenance. Judges may weigh these dynamics when deciding fairness and equity between the parties.

Challenges in applying the new law
Ryan notes that courts historically avoided examining why a marriage ended. Now, judges must navigate sensitive and often complex allegations of abuse, which may be difficult to prove and evaluate.

What is Divorce at Altitude?

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When Stocks and Bonuses Matter: Navigating Complex Asset Division in Divorces | Episode 235

Fri, 17 Oct 2025 02:00:00 -0600

Complex Assets in Divorce: RSUs, Stock Options, and Valuation Strategies

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha break down one of the most complicated areas in modern divorce cases: how to identify, value, and divide complex assets like restricted stock units (RSUs), stock options, and deferred compensation. As compensation structures evolve—especially in tech and finance—these assets are showing up more frequently and creating significant challenges for both attorneys and clients.

Episode Highlights

Why complex assets matter more than ever
With the rise of equity-based compensation like RSUs and stock options, more divorces involve assets that are not straightforward cash or property. These assets can be highly valuable but also difficult to understand, classify, and divide.

Understanding RSUs and stock options
Ryan explains that RSUs and stock options are common forms of compensation, particularly in tech companies. While stock options give an employee the right to buy shares at a set price, RSUs are shares granted subject to restrictions, often tied to time or performance.

The importance of vesting
A key issue is vesting—when the employee actually gains the right to access or sell the asset. Many clients assume that unvested assets are not divisible, but Amy emphasizes that even unvested portions may still be partially marital depending on the circumstances.

Marital vs. separate property analysis
Determining whether these assets are marital or separate requires analyzing employment agreements, grant documents, and case law. Courts often look at whether the asset was earned during the marriage or tied to future performance after the divorce.

The time rule formula
Amy explains the commonly used “time rule,” which helps allocate the marital portion of an asset. This involves comparing the time worked during the marriage to the total vesting period to determine what percentage is marital.

Valuation challenges and expert involvement
Valuing these assets can be complex, especially when dealing with private companies or performance-based vesting. Experts—such as business valuation professionals—are often necessary to determine fair market value and apply appropriate discounts or models.

What is Divorce at Altitude?

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To Stay or To Go? The Housing Question in Divorce | Episode 234

Fri, 20 Jun 2025 06:00:00 -0600

Should I Stay or Should I Go? Moving Out During Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss one of the most common and difficult early decisions in divorce: whether one spouse should move out of the shared home. They break down the legal, emotional, financial, and strategic factors that go into this decision, emphasizing that there is no one-size-fits-all answer.

Episode Highlights

Why this is such a common question
When couples begin the process of separation, they are often still living under the same roof. This creates tension and uncertainty, leading many people to ask whether they should leave, stay, or try to make the other person move out.

Safety should always come first
Ryan explains that the number one consideration is safety. If there are escalating arguments, substance use, or any risk of domestic violence, continuing to live together can be dangerous. In those cases, creating physical separation can significantly reduce risk.

The impact on children
Even when there is no physical conflict, a toxic or tense environment can negatively affect children. Amy highlights that parents need to consider whether the home environment is emotionally stable enough for kids during this transition.

When moving out may make sense
Moving out can help reduce conflict, especially in high-tension situations or when one party has started a new relationship. It can also create space for both parties to begin adjusting to a new routine.

Reasons to consider staying in the home
Ryan notes that financial realities—especially high housing costs—can make moving out difficult. Some couples are able to live separately within the same home, which can reduce immediate disruption and allow for a smoother transition for children.

Understanding nesting arrangements
Amy explains “nesting,” where children remain in the home and parents rotate in and out. This can be a creative short-term solution, especially in homes with separate living spaces like lock-offs or guest units.

Moving out does not mean losing your rights
A key myth addressed is that leaving the home means giving up legal rights to it. Both Ryan and Amy emphasize that there is no automatic legal disadvantage to moving out when it comes to property division or custody.

What is Divorce at Altitude?

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More Than Legal: Managing Mindset in Divorces | Episode 233

Fri, 13 Jun 2025 09:00:00 -0600

Mental Mindsets and Client Management in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the human side of divorce representation: client management, emotional bandwidth, expectations, and how mindset affects decision-making throughout a divorce or custody case. Drawing on both legal experience and Amy’s perspective as a divorce client herself, they explain why good outcomes often depend as much on emotional management as legal strategy.

Episode Highlights

Why client management matters so much in family law
Divorce clients are often dealing with fear, grief, anger, uncertainty, and life-changing decisions all at once. Ryan and Amy explain that family law attorneys are not just handling legal issues they are helping clients move through a process that can feel like their whole life is falling apart.

When clients want the lawyer to do everything
Many clients feel so overwhelmed that they want their attorney to completely take over. Amy notes that this is understandable, but there are limits: the lawyer can guide, advise, and help organize, but the client still has to make certain decisions and participate in the process.

The “divorce fog” is real
A major theme of the episode is that clients in crisis often cannot process information the same way they normally would. Something that might take an hour in ordinary life can take two hours or more during divorce because of emotional overload, anxiety, trauma, or uncertainty.

Why responsiveness matters so much
Ryan and Amy stress that when a client emails and does not hear back, they can quickly feel unimportant, ignored, or abandoned. Communication is a huge part of effective representation because silence often fuels anxiety and spiraling.

Why clients sometimes just want to “do something”
When a case reaches a lull, clients can feel like nothing is happening and become reactive. Ryan compares this to walking around on an airplane during a long flight: movement feels productive, even when it is not. That can lead to impulsive requests for motions, subpoenas, or other legal actions that may not actually help.

What is Divorce at Altitude?

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Double Dipping: How Business Valuations Impact Maintenance in Divorce | Episode 232

Thu, 08 May 2025 02:00:00 -0600

The Double Dip in Colorado Divorce: Business Valuation and Support

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha tackle a technical but important issue in Colorado divorce law: the “double dip.” The discussion focuses on what happens when a business owner’s future earnings are used both to value a business for property division and again to calculate support, such as child support or spousal maintenance.

Ryan and Amy explain that Colorado includes personal goodwill in business valuations, which can create tension when those same earnings are later counted as income for support. They walk through the difference between personal goodwill and enterprise goodwill, how business valuation experts use the excess earnings method, and why Colorado’s current case law can produce outcomes that feel unfair to the business-owning spouse.

Episode Highlights

What the “Double Dip” Means
The “double dip” happens when the same stream of earnings is counted twice: first in valuing a business for property division, and again when calculating support.

Personal Goodwill vs. Enterprise Goodwill
A central part of the episode is the distinction between personal goodwill and enterprise goodwill. Personal goodwill is tied to the owner’s reputation, relationships, and skills.

Why Colorado Stands Out
Ryan notes that Colorado is in the minority of states that include personal goodwill as a divisible marital asset. Other states either exclude it entirely or take a more complicated approach.

How the Excess Earnings Method Works
Amy and Ryan explain that business valuation experts often use the excess earnings method to value personal goodwill. The expert determines what a “normal” professional in that field would earn, compares it to what the owner actually earns, and capitalizes the difference to produce a goodwill value.

Why Future Earnings Are at the Center of the Problem
The concern with the excess earnings method is that it effectively values future earnings. If those future earnings are then also used as income for child support or spousal maintenance, the business owner may feel like the same dollars are being counted twice.

What is Divorce at Altitude?

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Divorce & Real Estate: Why Didn't My Lawyer Tell Me That? | Episode 230

Thu, 01 May 2025 01:00:00 -0600

Divorce and Real Estate: What Your Attorney May Not Tell You

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Karla Kyte, a Certified Divorce Lending Professional, to discuss one of the most overlooked parts of divorce: real estate and mortgage planning. They break down the costly mistakes people make when they assume keeping or buying a home will be simple after divorce, and why involving a divorce mortgage expert during settlement negotiations can make a major difference.

Karla explains how child support, spousal maintenance, temporary orders, refinancing, equity buyouts, and loan assumptions can all impact whether a divorcing spouse will actually qualify for a mortgage.

Guest Information

Karla Kyte is a Denver-area lender with more than 27 years of experience and has been a Certified Divorce Lending Professional (CDLP) since 2017. In addition to her lending work, she now runs a fee-based divorce mortgage planning business focused on helping divorcing individuals and attorneys structure settlements that can actually be executed after decree.

Episode Highlights

Why Real Estate Is So Often Mishandled in Divorce
Karla explains that many divorcing spouses ask, “Why didn’t my attorney tell me this?” The reason is not that attorneys are doing something wrong, but that mortgage planning is its own specialty.

How Child Support and Maintenance Affect Mortgage Qualification
One of the biggest issues is timing. To use support income for mortgage qualification, the receiving party must usually have both a court order and a documented payment history.

Why the Length of Support Matters More Than People Realize
Karla points out that if support ends too soon, it may not count at all for mortgage qualification. That means even a person receiving significant monthly support might not be able to use it if the support term is too short.

The Importance of Temporary Orders
Temporary support orders can start the clock for mortgage qualification. If support is being paid during the divorce and documented correctly, it can later help a spouse qualify once permanent orders are entered.

Why Payments Must Be Set Up Properly
Support payments must be traceable. Karla explains that support should be paid from one spouse’s individual account into the other spouse’s individual account. If parties simply move money around informally or through joint accounts.

What is Divorce at Altitude?

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Property Division & Maintenance: How Assets Shape Alimony in Colorado Divorces | Episode 231

Thu, 24 Apr 2025 02:00:00 -0600

Property Division and Spousal Maintenance in Colorado: How They Work Together

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha break down an issue that confuses many people going through divorce: how property division affects spousal maintenance in Colorado. They explain that there is no bright-line rule saying a spouse automatically receives or does not receive maintenance based on a certain amount of property. Instead, courts look at the full picture, including the size and nature of the marital estate, the parties’ incomes, their lifestyle during the marriage, and whether the spouse receiving property can use that property to meet their reasonable needs.

Ryan and Amy also discuss why the type of asset matters just as much as the value. A spouse receiving liquid, income-producing assets is in a very different position than one receiving a business interest, retirement funds, or a house with substantial equity but no immediate cash flow. The conversation highlights why divorce negotiations involving both property and maintenance require careful planning and often financial expertise.

Episode Highlights

Colorado Is an Equitable Distribution State, Not a Strict 50/50 State
Ryan and Amy explain that Colorado divides marital property equitably, which often starts near a 50/50 framework, but not always.

There Is No Set Dollar Amount That Eliminates Maintenance
One of the biggest misconceptions is that if a spouse receives a certain amount of property, they automatically lose any claim to maintenance. Ryan and Amy make clear that Colorado law does not set a threshold where maintenance automatically disappears.

Property Is Divided Before Maintenance Is Awarded
A major theme in the episode is that courts first determine how property is divided, and only then decide whether maintenance is appropriate.

Liquid Assets Versus Illiquid Assets Matter a Great Deal
Amy and Ryan explain that not all assets are equal. A spouse receiving stocks, bonds, or other income-producing assets may be in a stronger financial position than one receiving a house or a share of a business that cannot easily be converted into income.

A Business Interest Can Complicate Maintenance
If one spouse keeps a closely held business that makes up most of the marital estate, the other spouse may need to be paid through a promissory note over time.

What is Divorce at Altitude?

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C.R.C.P. Overhaul: Practical Impacts on Divorce, APR, and Post-Decree Practice | Episode 229

Fri, 11 Apr 2025 01:00:00 -0600

Colorado Family Law Rule Changes: What Divorcing Families Need to Know

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss major proposed changes to Colorado’s family law procedural rules. Amy shares insight from her two years of work on the project, explaining why Colorado is moving toward a more family-specific set of court procedures and how these changes could affect divorcing parents, attorneys, self-represented parties, and other family law professionals.

Ryan and Amy break down why the current civil rules often do not fit family law cases well, especially when children are involved, and how the proposed rules aim to make the system more efficient, more understandable, and more responsive to the realities of divorce and parenting disputes.

Episode Highlights

Why Colorado Is Updating Family Law Rules
Amy explains that the main motivation behind the project is recognition that families entering the court system have different needs than parties in general civil litigation.

The Problem With Using General Civil Rules in Family Law Cases
Colorado currently relies heavily on broader civil procedure rules, even though family law disputes are fundamentally different from construction, business, or personal injury cases.

How Other States Influenced the Project
The committee looked closely at states like Arizona, which has had separate family law procedural rules in place since 2006. Those rules have been well received and helped inform Colorado’s proposed reforms.

The Large Number of Self-Represented Litigants
A major driver of the changes is the fact that a very high percentage of people in family court do not have lawyers. The new rules are intended to make the process easier to understand and navigate for those individuals while also helping courts manage cases more effectively.

A Broad and Diverse Committee Worked on the Changes
Amy describes how the project involved judges, attorneys, court facilitators, dispute resolution professionals, and others. The goal was to include multiple perspectives so the rules would be practical for everyone who works in or relies on the family court system.

What is Divorce at Altitude?

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Tips for Mastering Mediation in a High-Conflict Divorce with Liz Merrill | Episode 228

Thu, 30 Jan 2025 00:00:00 -0700

High Conflict Divorce: How to Navigate Conflict Without Making It Worse

In this episode of Divorce at Altitude, Amy Goscha is joined by divorce mediator and coach Liz Merrill to discuss one of the most challenging areas in family law: high conflict divorce. Liz shares both her professional experience and her personal perspective after going through a high conflict divorce herself, explaining why these cases are so difficult and why traditional divorce processes often fail to address the real dynamics at play.

Amy and Liz explore what “high conflict” actually means, how it differs from ordinary divorce conflict, and why understanding the psychological patterns behind a high conflict spouse is so important. They also discuss practical tools for people dealing with an abusive or escalated partner, including boundary-setting, de-escalation techniques, and how to decide whether mediation is realistic or whether litigation and legal support are necessary.

Guest Information
Liz Merrill is a divorce mediator and divorce coach based in the Fort Collins area. She specializes in high conflict divorce cases and helps clients navigate separation in a way that reduces escalation and protects their long-term ability to co-parent.

Episode Highlights

What High Conflict Divorce Really Means
Liz explains that high conflict divorce can look different depending on the couple. Sometimes both spouses are escalated and difficult, but often one spouse is the true high conflict individual while the other is reacting to years of dysfunction, abuse, or control.

Traits of a High Conflict Person
High conflict individuals often show patterns such as extreme self-focus, black-and-white thinking, emotional reasoning, dishonesty, rule-breaking, and a willingness to use children as pawns.

Why Mediation Is Not Always the Right Fit
Many people, especially those leaving abusive or high conflict marriages, want mediation because they are afraid of litigation and want to avoid a battle.

How a Divorce Coach Helps Before the Divorce Is Filed
For clients like “Melanie,” Liz helps create a plan before announcing the divorce. That can include gathering financial documents, locating passports and Social Security cards, preparing for possible retaliation.

The Importance of Safety Planning
If there is any threat of physical violence or severe emotional abuse, Liz says the first priority is safety.

What is Divorce at Altitude?

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Financial Abuse in Divorce: Strategies for Protection and Recovery with Lisa Zeiderman | Episode 227

Thu, 23 Jan 2025 00:00:00 -0700

Financial Abuse in Divorce: Recognizing the Signs and Protecting Yourself

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by New York matrimonial attorney Lisa Zeiderman to discuss the often overlooked but highly damaging issue of financial abuse in marriage and divorce. Lisa explains how financial abuse is rooted in control and can take many forms, from withholding access to money and financial information to restricting credit, hiding tax returns, and forcing one spouse into complete financial dependence.

Ryan and Lisa explore how financial abuse can affect both lower-earning and higher-earning spouses, why many victims do not recognize it until they are deep into a divorce, and what practical steps people can take to protect themselves. The episode focuses on empowering listeners to understand the warning signs, seek support, and take action before or during a divorce proceeding.

Guest Information
Lisa Zeiderman is the Managing Partner of Miller Zeiderman LLP in New York. She regularly handles complex financial and custody matters for high-net-worth individuals and is widely recognized for her work in matrimonial law. In addition to her legal practice, Lisa writes on legal and psychological issues, contributes to financial publications.

Episode Highlights

What Financial Abuse Really Means
Lisa defines financial abuse as a form of control. It happens when one spouse is denied access to money, credit, financial records, tax returns, or decision-making power, leaving them dependent and disempowered.

The Difference Between Disinterest and Abuse
Ryan and Lisa discuss the distinction between a spouse who simply chooses not to engage in the family finances and a spouse who is actively excluded from them.

Warning Signs to Watch For
The episode identifies key red flags, including not being allowed to see tax returns, being told to “just sign here,” not having access to bank accounts or credit cards, having passwords changed, being unable to pay for basics.

Financial Abuse Can Affect Breadwinners Too
Lisa points out that financial abuse is not limited to the lower-earning spouse. In some relationships, even the primary breadwinner can be manipulated into surrendering control of their income and finances.

Why Transparency Matters in Marriage
Ryan and Lisa emphasize that both spouses should understand the financial picture of the household.

What is Divorce at Altitude?

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Divorce-Gasmic: Transforming Divorce into a Constructive Journey with Karen McNenny | Episode 226

Fri, 17 Jan 2025 00:00:00 -0700

New Relationships and Divorcegasmic: Navigating Love After Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by mediator, therapist, divorce coach, and podcast host Karen McNaney to talk about one of the most emotionally charged and often overlooked parts of divorce: new relationships. Karen introduces the concept of “Divorcegasmic,” the exhilarating phase when someone begins rediscovering themselves, dating again, and imagining a new life after divorce.

Karen shares insights from her own divorce and her work helping families move through separation with less destruction and more intention. Together, she and Ryan explore how new partners can complicate the divorce process, especially when children are involved.

Guest Information

Karen McNaney is a mediator, divorce coach, therapist, and the founder of the Good Divorce Experience. She is also the host of The Good Divorce Show, where she shares stories and strategies for helping families navigate divorce in healthier ways. Karen focuses on co-parenting, financial planning, and relationship literacy, and has spent more than 25 years helping people improve how they relate to one another in work, family, and divorce.

Episode Highlights

What “Divorcegasmic” Means
Karen explains Divorcegasmic as the phase when someone starts to emerge from the pain of divorce and rediscover excitement, attraction, sex, possibility, and freedom.

Why Timing Matters in New Relationships
Ryan and Karen discuss the importance of agreeing on a “starting gate” for dating during divorce. One spouse may feel ready to date as soon as divorce is mentioned, while the other may believe dating should wait until the divorce is final.

Discretion vs. Deception
Karen makes an important distinction between being deceptive and being discreet. She encourages people not to flaunt a new relationship during the divorce process, especially on social media or in front of the children.

Why New Partners Should Not Be Introduced Too Soon
Karen recommends waiting at least six months before introducing a serious new partner to children.

How to Introduce a New Partner to Children
If a relationship becomes serious, Karen advises telling the co-parent first, then gradually introducing the new partner to the children in a casual, low-pressure setting like a park, school event, or volunteer activity.

What is Divorce at Altitude?

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Top 7 Divorce Consultation FAQs: Expert Answers to Your Most Important Questions | Episode 225

Fri, 10 Jan 2025 00:00:00 -0700

First Divorce Consultation: The Questions Everyone Asks

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha walk through the most common questions people ask in an initial divorce consultation. Using their hypothetical client Eric Wolf, they break down what someone should expect when they first meet with a divorce attorney after learning their marriage is ending.

Ryan and Amy explain that the first meeting is often a form of triage. Clients are usually scared, overwhelmed, and unsure what matters legally versus emotionally. This episode covers the questions that almost everyone asks at the beginning, from whether the reason for the divorce matters, to parenting time, dating, moving out, property division, and spousal maintenance. The goal is to help listeners understand the process and leave that first consultation with more clarity and less fear.

Episode Highlights

Does the Reason for the Divorce Matter?
Ryan and Amy explain that Colorado is a no-fault divorce state, so affairs and other marital misconduct generally do not determine the legal outcome. However, the reason for the divorce can still matter emotionally and can influence the tone of negotiations.

Does It Matter Who Files First?
In most Colorado divorces, filing first does not create a major legal advantage. Ryan and Amy discuss how the more important issue is often how the case begins.

How Is Custody Decided in Colorado?
Amy explains that Colorado no longer uses the term custody, but instead refers to allocation of parental responsibilities, which includes both parenting time and decision-making.

What About Equal Parenting Time?
Ryan and Amy note that there has been a growing trend in Colorado toward equal parenting time, especially when both parents are actively involved and there are no serious concerns affecting the children’s best interests.

When Can You Start Dating?
The answer is that there is no legal rule prohibiting dating during a divorce, but Ryan and Amy caution that it can create emotional, practical, and parenting complications.

What is Divorce at Altitude?

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Thriving Through Chaos: Productivity and Financial Resilience in Divorce with Karen McMahon | Episode 224

Thu, 19 Dec 2024 00:00:00 -0700

Personal Growth and Financial Resilience During Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya welcomes back Karen McMahon, a seasoned divorce coach and host of the Journey Beyond Divorce podcast, to discuss the intersection of personal growth, productivity, and financial resilience during divorce. Together, they focus on how executives, business owners, and other high-achieving professionals can stay grounded and effective while navigating one of the most disruptive periods of their lives.

Guest Information

Karen McMahon is a veteran divorce coach with more than 14 years of experience helping clients navigate complex, high-conflict, and high-net-worth divorces. She leads a team of coaches across the country and is also the host of the Journey Beyond Divorce podcast. Karen specializes in helping people manage the emotional and strategic challenges of divorce so they can make clear, values-based decisions during a highly stressful time.

Episode Highlights

Why Divorce Disrupts Productivity So Deeply
Karen explains that divorce acts like a massive new program running in the brain, slowing down everything else. Even high-performing executives can struggle to focus, make decisions, and stay productive when divorce stress takes over.

How to Set Clear Boundaries Early
Ryan and Karen discuss the importance of creating practical agreements early in the process, especially when couples are still sharing a home. Boundaries around sleeping arrangements, shared spaces, chores, and parenting responsibilities can reduce conflict and create stability.

Why Temporary Parenting Schedules Can Be Helpful
Karen encourages couples to consider temporary shared parenting plans early in the divorce. These temporary arrangements can provide valuable information about what is realistic, what works for the children, and what each parent can truly handle.

The Importance of Financial Clarity from the Start
Karen stresses that clients need a financial expert early in the process, especially in complex or high-net-worth divorces.

Building the Right Divorce Team
The episode breaks down the roles of the different professionals in a divorce. Attorneys handle legal strategy and negotiation, financial experts help with numbers and long-term planning, and coaches support decision-making, communication, emotional regulation, and day-to-day strategy.

What is Divorce at Altitude?

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Money and Marriage - Screw Love, Are You Financially Compatible | Episode 223

Thu, 12 Dec 2024 00:00:00 -0700

Marriage and Money: Are You Financially Compatible?

In this episode of Divorce at Altitude, Ryan Kalamaya is joined again by financial expert and Certified Divorce Financial Analyst Nikki Tucker for the third installment of their three-part series on marriage and money. This conversation focuses on a question many couples overlook until it is too late: are you financially compatible? Ryan and Nikki explore how money habits, values, risk tolerance, debt philosophies, and long-term goals can shape not only a marriage, but also the chances of future conflict or divorce.

Guest Information

Nikki Tucker is a financial professional with more than 20 years of experience and a Certified Divorce Financial Analyst. She is the founder of The FIIRM Approach, where she helps primarily female breadwinners protect their financial security before, during, and after divorce. Nikki focuses on strategy, education, and practical guidance so clients can better understand their money, make informed decisions, and move forward with confidence.

Episode Highlights

What Financial Compatibility Really Means
Ryan and Nikki discuss how financial compatibility is not about being identical with money, but about having enough alignment in values, goals, and habits to reduce ongoing conflict.

Why Money Differences Create Relationship Stress
Different approaches to spending, saving, debt, investing, and risk can create friction in a marriage, especially when couples do not understand the reasons behind each other’s behavior.

The Connection Between Money Story and Compatibility
Nikki explains that financial compatibility starts with understanding your own money story and your partner’s money story, including how upbringing and past experiences influence present decisions.

How Emotional Compatibility and Financial Compatibility Overlap
Money may seem practical, but Nikki points out that financial decisions are often tied to emotions, values, identity, and fear, making money one of the most emotionally charged issues in a relationship.

Debt, Risk, and Investing as Common Flashpoints
Couples may clash over credit card use, home buying, investing, crypto, saving for retirement, or how much financial risk is acceptable. These differences often reveal deeper incompatibilities.

What is Divorce at Altitude?

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Money and Marriage - Why Pre-Nups Aren't Popular Enough | Episode 222

Thu, 05 Dec 2024 00:00:00 -0700

Why Prenups Aren’t Popular Enough

In this episode of Divorce at Altitude, Ryan Kalamaya continues his three-part series on marriage and money with financial expert and Certified Divorce Financial Analyst Nikki Tucker. This conversation focuses on a topic that often makes couples uncomfortable but can provide significant clarity and protection: prenuptial agreements. Ryan and Nikki explore why prenups still carry stigma, why they are often misunderstood, and how they can actually strengthen communication and financial transparency in a relationship.

Nikki explains that many people avoid prenups because they associate them with distrust, pessimism, or planning for divorce before the marriage even begins. But in reality, she sees them as a tool for openness, honesty, and shared expectations. Rather than being a sign that a marriage is doomed, a prenup can help couples better understand each other’s financial values, assets, goals, and concerns before they merge their lives.

Episode Highlights

Why Prenups Still Carry a Stigma
Many people view prenups as unromantic or as a signal that one partner is already planning for divorce. Nikki explains how cultural expectations around marriage and weddings often discourage couples from having practical financial conversations.

Prenups Can Build Trust, Not Undermine It
Nikki emphasizes that the prenup process requires financial disclosure and vulnerability. When done properly, it can increase trust by giving both partners more information and a clearer understanding of each other’s values and expectations.

Why Later Marriages Make Prenups More Relevant
As more people marry later in life, they often enter marriage with established careers, savings, real estate, retirement accounts, children, or inheritances. A prenup can help clarify how those existing assets should be treated.

What Makes a Prenup More Likely to Hold Up
Ryan and Nikki note that the strongest prenups are not one-sided. They are more likely to be enforceable when both parties have appropriate representation, full disclosure, and terms that are fair and thoughtfully negotiated.

Why Prenups Matter for Stay-at-Home Spouses Too
Prenups are not just for the higher earner. Nikki points out that stay-at-home spouses or spouses planning to leave the workforce may be especially vulnerable without a clear financial agreement in place.

What is Divorce at Altitude?

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Money and Marriage - Do You Understand Your Partner's Money Story | Episode 221

Thu, 21 Nov 2024 02:00:00 -0700

Marriage and Money: Understanding Your Partner’s Money Story

In this episode of Divorce at Altitude, Ryan Kalamaya begins a three-part series on marriage and money with financial expert and Certified Divorce Financial Analyst Nikki Tucker. While the podcast often focuses on divorce, Ryan and Nikki explore a fundamental topic that affects every relationship long before divorce becomes a possibility: understanding each partner’s money story.

Nikki explains that a “money story” is the collection of experiences, cultural influences, family habits, and emotional associations that shape how a person thinks about earning, spending, saving, and managing money. These stories often develop in childhood through family dynamics, economic circumstances, and societal influences. When two people enter a marriage with different money stories such as one partner being a saver and the other a spender those differences can influence everything from daily budgeting decisions to major financial milestones.

Episode Highlights

What Is a Money Story?
Nikki explains that a money story is the set of beliefs, emotions, and experiences that shape how individuals view and manage money. These beliefs often originate in childhood and continue evolving throughout adulthood.

Creating Safe and Productive Money Conversations
Nikki shares strategies for having better financial discussions, including setting aside dedicated time to talk about money in a calm and comfortable environment rather than waiting until a financial crisis forces the conversation.

The “Five Whys” Strategy for Deeper Understanding
To truly understand a partner’s financial motivations, Nikki recommends repeatedly asking “why” in a supportive way. This helps uncover the deeper emotional or experiential reasons behind financial behaviors.

Why Money Stories Matter in Divorce
Financial habits and perspectives that exist during marriage often reappear during divorce negotiations. Understanding a partner’s financial mindset can help anticipate negotiation challenges and lead to more productive settlement discussions.

Applying Money Awareness to Negotiations and Settlement
Ryan and Nikki discuss how understanding motivations—such as a preference for financial stability, a home, or predictable support payments—can help divorcing couples find practical solutions that align with each person’s priorities.

What is Divorce at Altitude?

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Humphries and Decision-Making | Episode 220

Thu, 14 Nov 2024 11:00:00 -0700

Modifying Decision-Making in Colorado: Understanding the Humphreys Case

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha break down one of the most confusing areas of Colorado family law: the legal standards for modifying decision-making. Using the recent Humphreys Court of Appeals case as a guide, they explain the difference between the best interest standard and the much higher endangerment standard, and why that distinction can completely change the outcome of a post-decree parenting dispute.

Ryan and Amy walk listeners through how parenting-time enforcement and decision-making modification are treated differently under Colorado law. They explain that even when parents are back in court over serious allegations such as parenting-time interference, alienation, or ongoing conflict, a court cannot simply use an enforcement motion to make a long-term change to decision-making without applying the proper statute and legal standard.

Episode Highlights

Why Decision-Making Standards Are So Confusing
Ryan and Amy explain why decision-making is one of the most technically difficult areas of Colorado family law, especially when parents are already divorced and conflict continues after final orders.

The Difference Between Best Interest and Endangerment
The episode outlines the two main standards courts consider when modifying decision-making. The best interest standard is easier to meet, while the endangerment standard requires proof that a child’s emotional or physical health is at risk.

What Happened in the Humphreys Case
Ryan and Amy discuss how the Humphreys case arose from repeated post-decree disputes, including allegations involving parenting-time violations and parental alienation, and why the trial court’s decision was reversed by the Court of Appeals.

Why Enforcement Motions Have Limits
A major takeaway from the episode is that a motion to enforce parenting time under Colorado law is designed to address parenting-time problems, not to permanently modify decision-making without a separate motion and proper findings.

Why Procedure Matters in Post-Decree Cases
The episode highlights how important it is for lawyers and parents to ask for the correct relief under the correct statute. Even when a parent feels deeply wronged, using the wrong procedural path can derail the outcome.

What is Divorce at Altitude?

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Intangible Property in a Divorce Raj Kukreja | Episode 219

Thu, 07 Nov 2024 00:00:00 -0700

Intangible Property in Divorce: Business Goodwill, NIL, and Hidden Value

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Denver family law attorney Raj Kukreja to break down one of the more complex issues in Colorado divorce cases: intangible property. While most people understand how to divide tangible assets like houses, cars, and bank accounts, this episode focuses on the assets that are harder to see and even harder to value things like business goodwill, intellectual property, and name, image, and likeness (NIL).

Ryan and Raj explain how intangible assets can play a major role in high-net-worth and ultra-high-net-worth divorce cases, especially when one spouse owns a business, professional practice, or valuable personal brand. They discuss how Colorado courts have historically treated professional goodwill, why business owners often underestimate what their company is worth in divorce.

Guest Information
Raj Kukreja is a shareholder at Buckhalter who represents individuals in high-net-worth and ultra-high-net-worth divorce cases. His practice often involves complex property division, business valuation, and financial issues arising from closely held companies and other sophisticated marital estates.

Episode Highlights

What Intangible Property Means in Divorce
Ryan and Raj explain the difference between tangible assets, like real estate and investment accounts, and intangible assets, like intellectual property, goodwill, and NIL rights.

How Colorado Treats Business Goodwill
The episode explores how Colorado law recognizes goodwill in businesses and professional practices, including law firms, medical practices, and other closely held entities.

Why Professional Practices May Be Worth More Than Owners Think
Raj explains why lawyers, doctors, and other professionals often say “I am the business,” while Colorado courts still recognize additional value beyond hard assets.

Understanding NIL and Personal Brand Value
Ryan and Raj discuss how name, image, and likeness rights work, why they have become more visible in the college sports era, and how they could be treated in future Colorado divorce cases.

How Experts Value Intangible Assets
The conversation covers common valuation methods, including the market approach, income approach, and cost approach, and why expert analysis is often critical in high-asset cases.

What is Divorce at Altitude?

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Beyond the Basics: Understanding Above-Guideline Child Support in High-Income Cases | Episode 18

Mon, 04 Nov 2024 06:00:00 -0700

In this "how-to" episode, Ryan dives into high-income scenarios and how they impact child support in Colorado. Using the case of hypothetical clients, Eric and Melanie Wolf, Ryan breaks down what happens when combined incomes exceed $30,000 per month, the legal floor for child support. Drawing on the Colorado Supreme Court case of In re Marriage of Boettcher, Ryan explains how courts determine child support in high-income cases, focusing on lifestyle disparities between parents and the needs of the children.

Episode Highlights:

Income & Child Support: How high incomes, such as Eric’s million-dollar salary, affect child support calculations.
The Boettcher Case: Insights from the In re Marriage of Boettcher decision, establishing that the $30,000 monthly income guideline is a floor, not a cap, for child support.
Lifestyle Considerations: The court's role in ensuring children maintain a similar lifestyle with both parents, including covering expenses like private school, vacations, and extracurricular activities.
Disparity in Incomes: How income disparity between parents influences child support, and what courts consider when determining fair support in above-guideline situations.

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If you found this episode helpful, please share it with someone who may benefit from the insights. Be sure to follow us on Apple Podcasts, Spotify, or YouTube for more episodes on navigating divorce and child support in Colorado.

What is Divorce at Altitude?

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Re-Opening Divorce Settlements | Episode 218

Thu, 31 Oct 2024 04:00:00 -0600

Divorce 2.0: When a Divorce Settlement Gets Reopened

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha explore what happens when a finalized divorce is reopened—something Ryan refers to as “Divorce 2.0” or “Divorce Remorse.” Using their hypothetical clients Eric and Melanie Wolf, they discuss situations where one spouse later believes they received an unfair deal, discovers undisclosed assets, or believes financial information was not properly shared during the divorce process.

Ryan and Amy explain that Colorado law requires mandatory financial disclosures in every divorce case under Rule 16.2. These disclosures are designed to ensure transparency between spouses who may have handled different aspects of the household finances during the marriage. The episode also covers major Colorado court cases that clarify when a divorce settlement can be revisited—particularly when one party fails to disclose important financial documents or assets.

Episode Highlights

What “Divorce 2.0” Means
Ryan introduces the concept of reopening a finalized divorce when one spouse later believes the settlement was unfair or incomplete due to undisclosed financial information.

Mandatory Financial Disclosures in Colorado Divorces
Amy explains Colorado’s Rule 16.2 disclosure requirements, which include sworn financial statements, tax returns, bank statements, business records, and other key financial documents.

The Hunt Case and Business Valuation Disputes
Ryan and Amy review the landmark In re Marriage of Hunt case, where a divorce agreement was reopened because required financial documents related to a business were never disclosed.

Material Misstatements and the Five-Year Rule
Colorado courts can reallocate property for up to five years after a divorce if one party omitted or misstated significant assets or debts.

When Courts Allow Discovery After Divorce
The episode also covers the Durie case, which clarified when courts may allow additional discovery if a spouse suspects undisclosed information after the divorce.

Avoiding Divorce Remorse
Ryan emphasizes that the best way to prevent reopening a divorce is by ensuring thorough financial disclosures and clear documentation during the initial divorce process.

What is Divorce at Altitude?

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Beyond Basics: Tackling Extraordinary Medical and Extracurricular Expenses | Episode 217

Mon, 28 Oct 2024 06:00:00 -0600

Extraordinary Medical and Extracurricular Expenses in Colorado Child Support

In this “how-to” episode of Divorce at Altitude, Ryan Kalamaya explains how extraordinary medical expenses and extracurricular costs for children can impact child support in a Colorado divorce or custody case. While Colorado’s child support guidelines already account for the basic costs of raising children—such as food, housing, and routine medical care—certain expenses fall outside the standard calculation. These include significant medical costs like braces, surgeries, therapy, or emergency care, as well as extracurricular activities such as private school, competitive sports, or specialized training programs.

Ryan walks listeners through how these additional expenses are typically shared between parents in proportion to their income, often based on the same percentage split used in the child support calculation. Using the hypothetical example of Eric and Melanie Wolf, he explains how courts evaluate whether expenses like private school or travel sports are reasonable and appropriate based on the child’s needs, the family’s financial resources, and the standard of living the child would have enjoyed if the marriage had not ended.

Episode Highlights

What Counts as Extraordinary Medical Expenses
Ryan explains how costs beyond routine medical care—such as braces, surgeries, therapy, or emergency treatment—are typically shared between parents based on their percentage of income.

How These Costs Are Divided Between Parents
Extraordinary medical expenses are usually split proportionally, meaning each parent pays a share based on their income or child support percentage.

Extracurricular Activities and Competitive Sports
Ryan explores how expensive activities like travel sports, music lessons, or specialized coaching may be treated as extraordinary expenses depending on the child’s involvement and the family’s financial resources.

Using the Child Support Worksheet
Extraordinary expenses can be added directly to the child support worksheet, which can significantly increase or decrease the final child support payment.

Handling Disagreements Between Parents
Ryan explains how parenting plans often require parents to agree before enrolling a child in expensive activities and how disputes may be resolved through a judge, parenting coordinator, or arbitrator.

What is Divorce at Altitude?

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Navigating Daycare Costs in Child Support: What Every Parent Needs to Know | Episode 216

Mon, 21 Oct 2024 06:00:00 -0600

Work-Related Childcare and Child Support in Colorado

In this “how-to” episode of Divorce at Altitude, Ryan Kalamaya explains how work-related daycare or childcare costs can affect the amount of child support in a Colorado divorce or parenting dispute. Using the podcast’s hypothetical clients, Eric and Melanie Wolf, Ryan walks listeners through the Colorado child support worksheet and shows how expenses such as preschool, daycare, after-school programs, or a nanny can significantly change the final child support calculation. Because many working parents rely on childcare to maintain employment, Colorado law allows these expenses to be factored into the child support formula.

Ryan also explains how childcare costs can be handled in two ways: they can either be included directly on the child support worksheet or divided separately based on each parent’s share of income. He highlights why these costs must be work-related, meaning they are necessary for a parent to work or earn income. The episode also explores common disputes that arise in practice, including whether summer camps qualify as childcare, how nanny or au pair costs are divided, and why personal babysitting expenses usually do not count toward the child support calculation.

Episode Highlights

How Work-Related Childcare Affects Child Support
Ryan explains how daycare, preschool, or after-school programs can change the child support calculation because these expenses are included in Colorado’s child support worksheet.

Using the Child Support Worksheet
The episode walks through an example using Eric and Melanie Wolf’s incomes to show how adding childcare expenses can significantly reduce or shift the amount of child support owed.

Two Ways to Divide Childcare Costs
Parents can either include childcare expenses directly on the worksheet or divide them separately based on each parent’s percentage share of income.

What Counts as Work-Related Childcare
Ryan clarifies that childcare must be necessary for a parent to work or generate income to be included in the calculation.

Common Disputes About Childcare Expenses
The episode discusses gray areas such as summer camps, sleepaway camps, nannies, and au pairs, and explains why personal babysitting for social events generally does not qualify.

What is Divorce at Altitude?

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What is Reintegration Therapy in Colorado | Episode 215

Thu, 10 Oct 2024 00:00:00 -0600

Reintegration Therapy in Divorce: Helping Children and Parents Rebuild Relationships

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the complicated and timely topic of reintegration therapy in Colorado family law. When a child resists or refuses time with one parent, courts and professionals are often left trying to determine what is causing the breakdown and what kind of intervention may actually help. Ryan and Amy explain how reintegration therapy fits into divorce and post-decree parenting disputes, why these cases are so difficult, and how the issue has received increased national attention through recent media coverage and changes in the law.

The episode also explores the difference between child therapy, family therapy, and reintegration therapy, along with the challenges courts face when allegations of abuse, alienation, or coercive control are involved. Ryan and Amy discuss Colorado’s evolving legal framework, the requirement that therapeutic interventions be evidence-based, and the reality that there is no quick fix in these high-conflict cases. Instead, the focus is on finding safe, appropriate ways to support children while helping families reduce conflict and improve strained parent-child relationships.

Episode Highlights

What Reintegration Therapy Means
Ryan and Amy explain reintegration therapy as a tool used when a child has a strained, damaged, or nonexistent relationship with one parent and may be refusing parenting time.

How It Differs From Other Therapy
The episode breaks down the difference between therapy for the child, family therapy, and reintegration therapy, and why each serves a different purpose in divorce cases.

Why These Cases Are So Difficult
Ryan and Amy discuss how issues like substance abuse, trauma, parental conflict, emotional abuse, and allegations of alienation can all contribute to a child resisting contact with a parent.

Colorado’s New Legal Framework
They review Colorado’s recent law changes, including the push for scientifically valid, evidence-based therapeutic approaches and the limits on certain court-ordered interventions.

Why There Is No Quick Fix
The conversation highlights that these are often extreme, high-conflict cases and that rebuilding trust between a child and parent can take time, structure, and the right professional support.

What is Divorce at Altitude?

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Masterclass on Separate Property in Colorado | Episode 214

Thu, 03 Oct 2024 04:00:00 -0600

Separate Property in Divorce: Understanding Tracing and Appreciation in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha tackle the complicated but incredibly important topic of separate property in a Colorado divorce. Using lessons from recent trials and real-world family law disputes, they walk through how Colorado courts distinguish between marital property and separate property, why that distinction matters, and how issues like tracing, appreciation, and commingling can dramatically affect the outcome of a divorce. They also explain why Colorado takes a more expansive view of marital property than many other states, especially when it comes to the increase in value of separate assets during the marriage.

Ryan and Amy also break down some of the most difficult categories of separate property cases, including real estate, retirement accounts, brokerage accounts, trust interests, and business ownership. They discuss key Colorado cases like Burford and Powell, the difference between active and passive appreciation, how jointly titling an asset can convert separate property into marital property, and why good documentation is critical.

Episode Highlights

What Counts as Separate Property in Colorado
Ryan and Amy explain how Colorado defines separate property, including assets owned before marriage, gifts, and inheritances, and why property acquired during the marriage is generally presumed marital.

Why Colorado Is Different From Other States
The episode explores how Colorado treats the appreciation of separate property and why its approach is often considered more expansive than states that distinguish between active and passive appreciation.

Burford vs. Powell
Ryan and Amy discuss two major approaches to tracing separate property in Colorado and why the method used by an expert can significantly change the financial result in a divorce.

How Separate Property Becomes Marital Property
They explain how commingling, withdrawals, paying marital expenses, and jointly titling assets can convert separate property into marital property.

Why Documentation Matters
Ryan and Amy emphasize the importance of bank statements, tax returns, appraisals, trust records, gift tax returns, and financial statements in proving a separate property claim.

What is Divorce at Altitude?

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The Ins and Outs of Reintegration Therapy in Family Law Cases in Colorado with Dr. Kathleen McNamara | Episode 213

Thu, 26 Sep 2024 00:00:00 -0600

Reintegration Therapy in Divorce: Helping Rebuild Parent-Child Relationships

In this episode of Divorce at Altitude, Amy Goscha is joined by Dr. Kathleen McNamara, a licensed psychologist with more than 30 years of experience working with separated and divorced families, to discuss reintegration therapy and its role in family law cases. Dr. McNamara explains that reintegration therapy, also referred to in Colorado’s updated statute as reunification therapy, is aimed at re-establishing a relationship between a child and an estranged or rejected parent.

The conversation explores how therapy can be a valuable tool in two-home family situations, especially when a child is struggling with parenting time, resisting contact with a parent, or having difficulty adjusting to the changes that come with separation and divorce. Amy and Dr. McNamara also discuss the impact of Colorado’s 2023 law change, including how allegations of domestic violence or child abuse affect when reintegration therapy may be appropriate.

Guest Information
Dr. Kathleen McNamara is a licensed psychologist in private practice in Fort Collins, Colorado. For more than three decades, she has worked with families navigating separation, divorce, and two-home parenting, helping parents and children address relationship challenges and adjust to major family transitions.

Episode Highlights

What Reintegration Therapy Is
Dr. McNamara explains the statutory definition of reintegration therapy and how it is used to help rebuild relationships between children and estranged or rejected parents.

How It Differs from Family Therapy
The episode explores how reintegration therapy is a specific type of family therapy focused on parent-child contact problems, rather than broader family functioning issues.

How Colorado’s New Law Affects Therapy
Amy and Dr. McNamara discuss the implications of Colorado’s updated law, especially in cases involving allegations of abuse, domestic violence, or child sexual abuse.

Why Parent-Child Contact Problems Are Complex
Dr. McNamara emphasizes that children may resist contact with a parent for many reasons, and therapy must be matched to the real causes rather than oversimplified labels.

The Role of Child Legal Representatives
Dr. McNamara explains how CLRs can be especially helpful in high-conflict cases by helping structure orders, reduce roadblocks, and support progress in therapy.

What is Divorce at Altitude?

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Navigating Parental Relocation | Episode 212

Thu, 22 Aug 2024 01:00:00 -0600

Relocation in Divorce: Understanding the Legal Landscape

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha dive into the complexities of parental relocation in Colorado family law. Whether you're a parent considering a move or an attorney navigating these waters, this episode covers the ins and outs of relocation cases, specifically how they affect parenting time and the child's best interests.

Ryan and Amy share their insights from real-life divorce cases, including their recent experiences with Eric and Melanie Wolf, hypothetical clients, as they explore the intricacies of relocating with children during and after a divorce. From understanding the legal framework to strategies for presenting relocation cases, they provide practical tips for professionals and families going through these high-stakes situations.

Episode Highlights

Why Relocation Cases Are Challenging
Relocation cases are some of the most emotionally charged and difficult divorce cases to navigate. Ryan and Amy share their experience with Eric and Melanie Wolf and how the decision to relocate can fundamentally change the parent-child relationship.

Legal Considerations for Relocating Parents
Ryan and Amy delve into the constitutional right to relocate, and how judges weigh this right against the best interests of the child. They provide guidance on how to build a compelling argument based on parenting time and child's adjustment to their current life.

Practical Advice for Parents Considering Relocation
If you are considering relocation during or after a divorce, this episode offers valuable advice on what you should think about, including the long-term impact on your relationship with your children and the financial costs of moving.

What is Divorce at Altitude?

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7 Key Strategies to Master Divorce Economics | Episode 211

Thu, 15 Aug 2024 00:00:00 -0600

Summiting the Financial Slopes: Seven Key Strategies to Master Divorce Economics

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Brett Hirsch, a wealth management expert, to discuss the financial strategies divorce professionals should consider during divorce proceedings. Brett and Ryan will be presenting these strategies at the upcoming Family Law Institute, a conference that gathers hundreds of divorce professionals, judges, and experts to discuss the most important financial aspects of divorce cases.

In this conversation, Brett and Ryan highlight the importance of the marital balance sheet, tax implications, illiquid assets, and retirement accounts, and how to properly divide them in a divorce to ensure both parties have a clear understanding of their financial futures.

Guest Information
Brett Hirsch is the founder of Obermeyer Wealth Management in Colorado, where he specializes in wealth management and financial advisory services. With extensive experience in private equity and hedge funds, Brett helps clients navigate the complexities of their financial lives, from capital allocation to tax and estate planning.

Episode Highlights

Marital Balance Sheet: The Key to Financial Clarity
Brett explains the importance of the marital balance sheet in divorce, which allows professionals to track down all financial assets and liabilities, and provides the foundation for decision-making.

Understanding Pre and Post-Tax Implications
Ryan and Brett discuss how pre-tax and post-tax considerations should be a key part of dividing assets. Brett shares how understanding the net value of assets, such as retirement accounts or brokerage accounts, can make a huge difference in financial planning during divorce.

The Challenge of Illiquid Assets
Brett covers the issue of illiquid assets, like real estate or business ownership, which can be hard to value and harder to divide. He talks about how financial advisors can assist in navigating these complex assets and ensure that both parties have a fair deal.

Retirement Accounts and Business Valuations
Ryan and Brett address how retirement accounts and closely held businesses are treated in a divorce. They highlight the challenges of dividing these assets and how a business valuation expert can help ensure the assets are accurately valued and fairly distributed.

What is Divorce at Altitude?

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Witness Preparation in a Divorce Case with Jessica Brylo | Episode 210

Fri, 28 Jun 2024 06:00:00 -0600

Witness Preparation in Divorce: How to Present Your Best Self

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Jessica Brylo, a litigation consultant and expert in witness preparation, to discuss the importance of how witnesses present themselves in divorce cases. Jessica has a unique specialization in family law cases, particularly in divorce and custody battles, where emotions can run high, and how a person presents themselves can significantly affect the outcome.

Jessica explains that the way a person comes across in these settings is crucial, as judges and evaluators are humans, too, and they are influenced by unconscious biases. The goal, she says, is to reframe the client's story and emotional triggers to help them come across as credible and likable, which ultimately makes their testimony more effective.

Guest Information

Jessica Brylo is the owner and lead consultant at Trial Dynamics, a national trial consulting firm that specializes in witness preparation. With both a Juris Doctor and a Master's degree, Jessica is one of the few experts in the field to apply her extensive knowledge of human behavior to family law cases, specifically in helping clients navigate the emotional and behavioral aspects of divorce and custody proceedings.

Episode Highlights

Why Presenting Yourself Matters in Divorce
Jessica explains why judges and parenting evaluators are influenced by the way a person comes across and how emotional triggers can impact the credibility of a case.

Common Pitfalls for Divorce Parties
Ryan and Jessica discuss how anger, anxiety, and over-explaining can hurt a case and how these emotional reactions can affect a person's credibility during testimony or evaluations.

How to Reframe Emotions for Better Testimony
Jessica shares how she works with clients to reframe their emotions and internal narratives, helping them present a calm, collected, and more credible image during their case.

The Importance of First Impressions
The episode explores first impressions and how even small verbal cues, like saying "my child" instead of "our child," can drastically affect how the court perceives you.

What is Divorce at Altitude?

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From Numbers to Answers: How to Tackle the Child Support Worksheet | Episode 207

Mon, 17 Jun 2024 07:00:00 -0600

How Child Support is Calculated in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya walks through the detailed process of child support calculation in Colorado divorce cases, using a hypothetical example with Eric and Melanie Wolfe. Ryan breaks down the various factors that impact child support, with a focus on the Child Support Worksheet that is used in Colorado courts to determine the amount of child support owed.

Ryan begins by explaining the key inputs that drive child support determinations: income and parenting time. With an example of Eric earning $120,000 per year and Melanie earning $70,000, he demonstrates how these numbers are plugged into the Child Support Worksheet to calculate support obligations. The worksheet factors in various elements such as spousal maintenance (alimony) and health insurance payments for the children, as well as the number of overnights each parent has with the children.

In this episode, Ryan provides concrete examples showing how even small changes in parenting time (such as increasing the number of overnights for one parent) can significantly affect the amount of child support. He also highlights how removing spousal maintenance from the equation can increase the child support amount owed. Through these examples, Ryan illustrates how each input in the worksheet plays a critical role in the final child support calculation.

Episode Highlights

Key Inputs to Child Support Calculation
Ryan explains that income and parenting time are the primary drivers of child support in Colorado divorce cases, and discusses how these elements impact the final support amount.

The Role of the Child Support Worksheet
Ryan dives into the Child Support Worksheet, which is used by Colorado courts to calculate child support. He provides a step-by-step breakdown of how the worksheet is completed, factoring in elements like spousal maintenance and health insurance payments.

Impact of Parenting Time on Child Support
The episode shows how changing the number of overnights for each parent can affect the child support calculation, with examples showing how increasing or decreasing parenting time alters the final amount owed.

Spousal Maintenance and Child Support
Ryan discusses the interaction between spousal maintenance and child support, showing how changes in maintenance payments can either increase or decrease the amount of child support owed.

What is Divorce at Altitude?

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Challenges in Business Valuations in a Divorce with Ron Seigneur Episode 206

Thu, 13 Jun 2024 06:00:00 -0600

Business Valuations in Divorce: Understanding Discounts and Methods

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by business valuation expert Ron Seigneur, who dives deep into the world of business valuations during a divorce. Using the example of Eric and Melanie Wolfe, Ron explores the different valuation methods that can be applied when valuing a closely held business in a divorce, including the key distinctions between fair market value and investment value.

Ron explains the complexities surrounding business valuation, including how the date of valuation and the premise of value can influence the final result. In Colorado divorce cases, the two main valuation standards are fair market value and investment value.

Guest Information

Ron Seigneur is the founding partner of Seigneur Gustafson, a firm specializing in business and intellectual property valuations, financial forensics, and exit planning services. With over 30 years of experience, Ron has become a trusted expert in business valuations, particularly in complex divorce cases. He also co-authored the upcoming Financial Expert Guide for Family Law Professionals and serves as an adjunct professor at the University of Denver’s Daniels College of Business. Ron is an expert in cannabis industry valuations and works across various sectors, providing valuable insights to family law attorneys and judges.

Episode Highlights

Understanding Business Valuations in Divorce
Ron explains the different standards of value used in divorce, specifically fair market value and investment value, and how these impact the final valuation of a business.

The Impact of Discounts on Business Valuations
Ryan and Ron discuss discounts for lack of control and lack of marketability, which can significantly affect the valuation of a minority interest in a closely held business.

The Thornhill Case and Its Impact on Business Valuation
Ron outlines the Thornhill case, which changed how courts approach business valuations in divorce cases, particularly with respect to fair market value and investment value.

Investment Value vs. Fair Market Value
Ron breaks down the differences between investment value (value to the owner) and fair market value (value to a hypothetical buyer), and how this plays out in divorce cases where a closely held business is involved.

What is Divorce at Altitude?

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Getting Started with Child Support: Understanding Temporary Arrangements | Episode 209

Tue, 11 Jun 2024 00:00:00 -0600

When Does Child Support Begin and Temporary Child Support in Colorado Divorce

In this how-to episode of Divorce at Altitude, Ryan Kalamaya explains when child support begins in Colorado divorce cases and the intricacies of temporary child support. Using the example of Eric and Melanie Wolfe, who are filing for divorce but still living together, Ryan breaks down the key legal points regarding child support obligations and when they start to accrue.

Ryan walks through the legal framework provided in Colorado Revised Statutes § 14-10-115, which states that child support obligations begin on the later of two events: either the filing of the divorce petition or physical separation of the parties. In the scenario of Eric and Melanie, if they are still living together, neither would owe child support until they physically separate. However, once they separate or file for divorce, child support will begin to accrue, and the court may take any temporary payments or arrangements (like Eric paying the mortgage or giving Melanie money for groceries) into account when determining back support. The episode also explains the concept of temporary child support, which is determined during the divorce process and can be subject to change as circumstances evolve.

Episode Highlights

When Does Child Support Start?
Ryan explains how child support obligations in Colorado begin either upon the filing of a divorce petition or physical separation of the parties, and why these two key events determine when support starts to accrue.

Temporary Child Support
The episode dives into the concept of temporary child support, which is determined during the divorce process before a final court order is issued. Ryan explains how temporary arrangements can be adjusted based on changing circumstances.

Back Support and Temporary Payments
Ryan clarifies how temporary support arrangements or voluntary payments, such as paying the mortgage or groceries, may be considered by the court when determining back support.

Changes in Parenting Time and Income
As the divorce progresses, the parenting schedule and financial situations can change, which may affect the amount of temporary child support. Ryan explains how these changes can impact the final determination of support.

What is Divorce at Altitude?

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Understanding Alternative Dispute Resolution Changes in Colorado | Episode 208

Wed, 05 Jun 2024 08:00:00 -0600

Alternative Dispute Resolution in Colorado Family Law

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha delve into the world of alternative dispute resolution (ADR) in Colorado, focusing on how professionals are trained and the innovative changes emerging in the family law landscape. With divorce and custody disputes, many people are seeking ways to resolve their issues without going to court, and ADR offers an effective pathway. The episode explores various ADR methods, including mediation, arbitration, and the roles of professionals such as special masters, parenting coordinators, and private judges.

Amy and Ryan highlight a trend where the Colorado Supreme Court has increasingly recognized the need for tailored solutions in family disputes, noting how the dynamics of family law differ from civil or criminal cases. This recognition has led to a greater focus on mediation and other ADR methods to resolve disputes faster and more amicably, particularly as 75% of people involved in family law cases in Colorado are still unrepresented by attorneys. The episode also discusses recent changes in the legal system designed to improve the process, such as new regulations for judges, parental responsibility evaluators, and domestic violence education.

Episode Highlights

What is Alternative Dispute Resolution (ADR)?
Ryan and Amy discuss the various forms of ADR, with a focus on mediation as the most common method, and explore other options like arbitration, parenting coordinators, and private judges.

Recent Trends in ADR for Family Law
The episode explores the growing emphasis on ADR in Colorado family law, driven by the recognition that family disputes are unique and require different approaches than traditional litigation.

The Role of Professionals in ADR
Amy explains the roles of special masters and arbitrators, who can help resolve issues like discovery disputes and premarital agreements before mediation begins.

Changes in the Legal System
The episode covers recent legislative changes aimed at improving the training for judges and experts in family law, particularly in domestic violence and child abuse cases. These changes are designed to make the process more accessible and effective for families.

What is Divorce at Altitude?

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Navigating Temporary Child Support During Divorce: Insights and Legal Perspectives Episode 205

Mon, 27 May 2024 06:00:00 -0600

When Does Child Support Begin and Temporary Child Support in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya dives into the essential topic of child support in Colorado divorce cases, providing a clear understanding of when the child support obligation begins and the intricacies of temporary child support. Ryan breaks down the legal framework, specifically focusing on when child support starts based on either the filing of a divorce petition or the physical separation of the parties. He uses the example of Eric and Melanie Wolfe, who are in the midst of a divorce but still living together, to illustrate how child support works when couples haven’t yet separated their finances or homes.

Ryan also discusses the concept of temporary child support, which comes into play during the divorce process before a final support order is made by the court. This temporary support is determined by temporary orders or agreements between the parties and can differ from the final child support calculation, taking into account factors such as income disparity and the amount of time each parent spends with the children.

Episode Highlights

When Does Child Support Start?
Ryan explains that child support in Colorado starts either when the petition for divorce or legal separation is filed or when the parties physically separate. In the case of Eric and Melanie Wolfe, no child support will be owed until they physically separate.

Temporary Child Support
Ryan discusses temporary child support, which is support provided during the divorce proceedings before a final court order is made. This can be determined by temporary orders or a temporary agreement and may differ from the final support calculation.

Factors Affecting Child Support
Ryan covers the key factors in child support determinations, including income disparity, the amount of time each parent spends with the children, and any maintenance (alimony) obligations. These factors can all affect the amount of temporary child support.

Changes in the Divorce Process
As the divorce progresses, the parenting schedule and the financial situation may change, which can impact the amount of temporary child support. Ryan explains how this is taken into account in the divorce proceedings.

What is Divorce at Altitude?

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Grandparent Rights in Colorado Custody Cases with Joel Pratt | Episode 204

Thu, 23 May 2024 00:00:00 -0600

Grandparent Rights in Colorado Family Law

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Joel Pratt, a Colorado Springs-based family law attorney, to discuss the complexities of grandparent rights in Colorado family law. As more families face challenges during divorces or custody disputes, grandparents often seek to maintain or increase their involvement in their grandchildren's lives. This episode explores the legal landscape of grandparent visitation and parental responsibilities, touching on issues like standing, constitutional rights, and jurisdictional complexities.

Joel explains the legal doctrine of standing, which determines who has the legal right to intervene in family law cases. In grandparent cases, standing is crucial because parents hold constitutional rights to make decisions about their children's upbringing. Joel walks through examples of when a grandparent can intervene, including situations where a grandparent has played a significant caretaking role or when the parents are unfit due to drug abuse, domestic violence, or other concerns.

Guest Information

Joel Pratt is a partner at Daly and Pratt Law in Colorado Springs, specializing in family law and appellate cases. With extensive experience in complex legal issues, including constitutional law and grandparent rights, Joel has represented numerous grandparents in family and juvenile court, focusing on helping them secure their rightful place in the lives of their grandchildren.

Episode Highlights

Standing in Grandparent Cases
Joel explains how a grandparent must demonstrate a significant relationship with their grandchildren to intervene in custody matters.

Constitutional Presumptions
The episode covers how parents' constitutional rights are central to family law cases, making it difficult for grandparents to challenge parental decisions like healthcare or vaccination.

Practical Applications of Grandparent Rights
Joel discusses how grandparent rights come into play in various real-world situations, such as dependency and neglect cases or when parents are unfit to care for their children.

Jurisdictional Challenges
Ryan and Joel examine the complexities of interstate jurisdiction and how courts handle cases involving children living in different states.

What is Divorce at Altitude?

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Child Support Basics: What Every Parent Needs to Know | Episode 203

Mon, 20 May 2024 00:00:00 -0600

Child Support in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya provides an overview of child support in Colorado divorce cases, explaining its purpose, how it's calculated, and the key factors that influence child support determinations. Using the example of Eric and Melanie Wolf, two hypothetical divorce clients, Ryan breaks down the essential elements of child support, focusing on how income and parenting time (overnights) directly affect the support amount.

Child support ensures children's needs are met after parents separate or divorce, covering basic expenses like food, housing, clothing, and educational costs. Ryan explains how Colorado has specific guidelines that courts must follow when determining the child support amount, emphasizing that the primary drivers are both income and parenting time. For example, if Melanie spends more time with the children than Eric, this will result in a different child support arrangement than if they share equal parenting time.

Episode Highlights

What is Child Support?
Ryan explains the purpose of child support, which ensures that children's basic needs are met after divorce and outlines the two primary factors: income and parenting time.

How is Child Support Calculated?
Learn how Colorado uses a formula to determine child support, factoring in both parents' incomes and the amount of time the children spend with each parent.

Factors That Affect Child Support
Ryan discusses how various factors, such as extracurricular expenses, medical needs, and childcare costs, can impact the child support calculation.

Common Child Support Issues
The episode delves into more complex issues, like voluntary unemployment and variable income, that can influence child support determinations.

What is Divorce at Altitude?

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Revisiting Personal Injury & Workers Compensation Awards & Divorce with Philip Goldberg | Episode 202

Fri, 17 May 2024 00:00:00 -0600

Personal Injury and Workers Compensation in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya and guest Philip Goldberg, a seasoned divorce attorney in Denver, delve into the complex issues of personal injury and workers' compensation claims in Colorado divorces. These claims can have significant implications for the financial division of assets, especially when large settlements or awards are involved.

Ryan and Philip discuss how personal injury awards—whether from car accidents, workplace injuries, or other accidents—are treated in divorce cases, particularly under Colorado law. The episode explores Colorado’s unique stance on personal injury awards, explaining how the classification of these funds is influenced by when the injury occurred during the marriage.

Guest Information

Philip Goldberg is a divorce attorney based in Denver with a wealth of experience in handling complex family law matters. An AV-rated trial lawyer, he has tried multiple cases before the Colorado Supreme Court and the Court of Appeals, and he is licensed to practice in both Colorado and Georgia. Philip's practice includes probate and estate litigation, real estate, and appellate work, and he has been recognized in the Best Lawyers in America.

Episode Highlights

Personal Injury Awards and Divorce
Ryan and Philip explain how Colorado classifies personal injury awards as marital or separate property depending on the timing of the injury and the nature of the compensation.

How Workers' Compensation is Treated in Divorce
The discussion explores the analytic approach in Colorado for dividing workers' compensation benefits, particularly when lump sum settlements or ongoing payments are involved.

The Mechanistic Approach to Personal Injury Awards
Philip explains why Colorado takes a mechanistic approach to classifying personal injury awards, where all funds received from injuries during the marriage are considered marital property.

Disproportionate Allocations of Injury Proceeds
Ryan and Philip discuss how courts have the discretion to allocate personal injury and workers' compensation funds unequally based on the circumstances of the divorce.

What is Divorce at Altitude?

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Alpine Support: Scaling the Heights of Child Support in Colorado | Episode 201

Fri, 26 Apr 2024 00:00:00 -0600

Child Support in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha break down how child support works in Colorado divorce and custody cases. They explain that child support is designed to help cover the real costs of raising children, from housing, utilities, and groceries to transportation, medical care, and activities.

Ryan and Amy walk through the core factors used in the Colorado child support worksheet, including each parent’s gross income, the number of overnights, the children’s health insurance costs, and certain credits such as support for a non-joint child. They also explain how spousal maintenance affects child support, why equal parenting time does not always mean zero support, and how child care, extraordinary medical expenses, and extracurricular costs may be handled either on or off the worksheet.

The episode also highlights why income disputes are one of the biggest issues in child support cases. For self-employed parents, income is not always as simple as a W-2. Courts may need to evaluate business expenses, overtime, trust income, gifts, and potential income when a parent is unemployed or underemployed.

Key Takeaways

What child support is for
Child support helps cover the everyday and long-term costs of raising children in two households.

Main worksheet factors
Colorado child support is based on gross income, parenting time overnights, health insurance, and certain credits or adjustments.

Maintenance affects child support
If one parent pays spousal maintenance, that amount is deducted from the payor’s income and added to the recipient’s income for child support purposes.

Income disputes are common
Self-employment, overtime, trust income, gifts, and imputed income can all create disputes over the correct support amount.

High-income cases are different
When income exceeds the worksheet cap, courts may consider the children’s lifestyle and other factors beyond the formula.

Child support can be modified
A 10% change in the support obligation may justify modification, but usually only from the date a motion is filed.

Enforcement matters
Colorado parents can enforce child support through contempt, wage assignments, judgments, and child support enforcement services.

What is Divorce at Altitude?

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Variable Income and Spousal Maintenance: Crafting Fairness in Flux | Episode 200

Mon, 08 Apr 2024 00:00:00 -0600

Variable Income and Spousal Support in a Colorado Divorce

In this how-to episode of Divorce at Altitude, Ryan Kalamaya explains how Colorado courts and divorce lawyers approach variable income when determining spousal support, also called maintenance or alimony. This issue often comes up when one spouse does not earn a predictable salary each month or each year.

Ryan uses the podcast’s hypothetical divorce clients, Eric and Melanie Wolfe, to walk through the problem. Imagine Eric owns a real estate business or works in a commission-based industry. Some months he may earn nothing, while in another month he could earn a very large commission. On top of that, his yearly income may swing dramatically as well—earning $250,000 one year and $1 million the next. When maintenance depends in part on income, that kind of inconsistency creates real challenges.

Key Takeaways

What is variable income?
Income that changes significantly month to month or year to year, such as commissions, business profits, or real estate earnings.

Why does it matter?
Because spousal support is based in part on income, and unstable earnings make support harder to calculate fairly.

Common solution: averaging income
Lawyers and courts may use a three-year or five-year average to smooth out irregular earnings.

Weighted averages may apply
If income has been rising or falling, a weighted average may place more value on recent years.

Another option: percentage of future bonuses or commissions
Parties can agree to a base level of support plus a share of future variable income.

Taxes still matter
If a spouse receives a large commission, not all of it is truly available cash because tax obligations must be considered.

No universal formula fits every case
Colorado courts look at the facts, the type of income, and the overall fairness of the result.

What is Divorce at Altitude?

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Navigating Legal Custody and Decision-Making for Children in Divorce | Episode 199

Thu, 04 Apr 2024 00:00:00 -0600

Decision-Making for Children After Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha break down one of the most important parenting issues in a Colorado divorce: how parents make major decisions for their children after separation. While many people still use the word “custody,” Colorado law separates parenting issues into two categories: parenting time and decision-making. Parenting time refers to when the children are with each parent, while decision-making concerns the major choices that shape a child’s life.

Ryan and Amy explain that decision-making covers the big issues, not everyday matters. Day-to-day choices—like what a child wears to school or what they eat for breakfast—are made by the parent who has the child at that time. Decision-making, by contrast, includes major areas such as medical care, education, extracurricular activities, and sometimes religion. Education disputes may include whether a child should attend private or public school, or which school district the child should attend. Medical disputes can involve more significant healthcare decisions, including vaccinations or treatment plans. Extracurricular activities can become especially contentious because they often involve both time and money.

Episode Highlights

What “Decision-Making” Means in Colorado
Colorado uses the term decision-making instead of legal custody and separates it from parenting time.

Major Decisions vs. Daily Choices
Decision-making covers education, medical care, extracurriculars, and sometimes religion—not routine day-to-day parenting.

Joint vs. Sole Decision-Making
Courts can order joint decision-making, sole decision-making, or even split decision-making by category.

Best Interests of the Child Standard
Colorado courts focus on what arrangement best serves the child’s welfare, stability, and long-term needs.

Domestic Violence Matters
A history of abuse, coercion, or control can strongly affect whether joint decision-making is appropriate.

Past Involvement Still Counts
Judges may consider which parent historically handled school, medical, and extracurricular decisions—but parents can also grow into bigger roles after separation.

What is Divorce at Altitude?

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Unemployment and Imputed Income for Colorado Alimony and Child Support | Episode 198

Mon, 01 Apr 2024 01:00:00 -0600

Voluntary Unemployment, Underemployment, and Imputed Income

In this How-To episode of Divorce at Altitude, Ryan Kalamaya explains the legal concepts of voluntary unemployment, underemployment, and imputed income in Colorado divorce cases. These issues frequently arise when courts determine spousal maintenance (alimony) and child support, because both forms of support rely heavily on each party’s income.

Ryan begins by illustrating common scenarios using the hypothetical divorce clients Eric and Melanie Wolf. For example, Melanie may have been a stay-at-home parent who previously earned a significant income before having children. Once their child starts school, Eric might argue that Melanie is capable of returning to work and earning income again. In another situation, Melanie may be working part-time despite having the education and experience to earn much more. On the other hand, Eric might intentionally reduce his earnings—perhaps by quitting a high-paying job to take a much lower-paying position—simply to reduce the amount of support he must pay.

Episode Highlights

What Voluntary Unemployment Means
A party intentionally stops working or reduces income in a way that affects support obligations.

Understanding Underemployment
A person may still be working but earning significantly less than they reasonably could based on their skills and experience.

What Is Imputed Income
Courts may assign a potential income level to a party when calculating maintenance or child support.

Why Income Matters in Divorce
Support calculations depend heavily on each spouse’s income and earning capacity.

Examples of Imputed Income Situations
Quitting a high-paying job, working part-time despite higher earning potential, or avoiding employment altogether.

Exceptions to Imputed Income
Courts may decline to impute income if someone is pursuing education, training, or a legitimate career change.

Young Child Exception
Parents caring for children under 30 months (maintenance) or 24 months (child support) may not be required to work.

What is Divorce at Altitude?

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Overcoming Parental Alienation: Strategies for Positive Co-Parenting with Jill Coil | Episode 197

Thu, 21 Mar 2024 00:00:00 -0600

In today's episode, we revisit exploring the sensitive and complex issue of parental alienation in Colorado family law, alongside esteemed guest and family law attorney Jill Coil. Ryan and Jill's discussion opens up the intricate world of how parents can, intentionally or unintentionally, undermine the relationship between a child and their other parent. They dissect various examples, from the overt act of badmouthing to more subtle forms of manipulation, highlighting the critical impact on the child's well-being and the legal nuances involved.

We delve into the importance of setting aside personal grievances to prioritize the success of the children involved, emphasizing that the goal is to maintain healthy connections with both parents. The conversation sheds light on the need for a well-crafted divorce decree that anticipates and protects against alienating behaviors, and they discuss how to counteract alienation by reinforcing the child's stability and preserving positive perceptions of both parents. Tune in to gain insights into managing the shifting parenting roles post-divorce, the emotional challenges that accompany it, and how to emerge with a stronger, more adaptable approach to co-parenting.

What is Divorce at Altitude?

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Alimony Adjustments: Navigating Life's Financial Shifts in Colorado Divorces | Episode 196

Mon, 11 Mar 2024 00:00:00 -0600

Modifying Spousal Maintenance in Colorado

In this How-To episode of Divorce at Altitude, Ryan Kalamaya explains how spousal maintenance (alimony) can be modified after a Colorado divorce. While many divorce agreements establish maintenance for a fixed amount and duration, life circumstances can change. This episode explores when and how a court may adjust or terminate a maintenance order.

Ryan begins with a hypothetical scenario involving Eric and Melanie Wolf. Suppose Eric agrees to pay $10,000 per month for 10 years in spousal maintenance. What happens if Eric loses his job a few years later? Or if Melanie remarries or starts earning significantly more income? These types of life changes can trigger a motion to modify maintenance.

Episode Highlights

What Maintenance Modification Means
Spousal maintenance orders can sometimes be changed or terminated if circumstances change after the divorce.

The “Substantial and Continuing Change” Standard
Courts require a significant and ongoing change in circumstances before modifying a maintenance order.

Examples of Valid Changes
Job loss, retirement, major income changes, or the receiving spouse earning significantly more money may justify a modification.

Temporary vs. Long-Term Changes
Short-term financial changes usually do not qualify unless they are expected to continue.

Retirement Considerations
If a paying spouse retires after reaching full retirement age, courts may presume the decision was made in good faith.

Timing Matters
Maintenance changes typically apply only from the date a motion to modify is filed, not from when the financial change occurred.

What is Divorce at Altitude?

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Mastering the Mechanics of Spousal Maintenance Payments in Colorado | Episode 195

Mon, 04 Mar 2024 01:00:00 -0700

How Alimony Payments Work in a Colorado Divorce

In this How-To episode of Divorce at Altitude, Ryan Kalamaya explains the practical mechanics of how spousal maintenance (alimony) payments are made in a Colorado divorce. While many people focus on how much support is ordered, Ryan highlights that it is equally important to understand how those payments are actually structured and delivered.

Ryan begins by distinguishing between temporary maintenance and permanent maintenance, because the way payments are handled can differ depending on which stage of the divorce the support applies to. Temporary maintenance occurs while the divorce case is still pending, whereas permanent maintenance begins after the divorce is finalized.

Episode Highlights

Temporary vs. Permanent Maintenance
Understanding whether support is temporary or permanent is critical because the structure of payments often differs.

Temporary Maintenance During Divorce
While a case is pending, one spouse may satisfy part of the maintenance obligation by paying shared household expenses directly.

Example of Expense Offsets
If the paying spouse covers a $2,000 mortgage as part of a $5,000 support obligation, they may only transfer the remaining $3,000 to the other spouse.

Flexible Payment Structures
Maintenance payments can be structured monthly or split into multiple payments depending on the payer’s income schedule.

Automatic Transfers Are Preferred
Using bank transfers or ACH payments helps create a clear record and reduces the risk of missed payments.

Post-Divorce Payments Are Simpler
Once the divorce is finalized, the receiving spouse usually manages their own expenses using the maintenance they receive.

What is Divorce at Altitude?

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Financial Abuse: Forming a Strategy in Divorce with Lisa Zeiderman | Episode 194

Thu, 29 Feb 2024 00:00:00 -0700

In this eoisode of Divorce at Altitude, we revisit a conversation with matrimonial attorney Lisa Zeiderman. She lends her considerable expertise to shed light on the shadowy aspects of financial abuse and manipulation within marriages. Serving as the managing partner at Miller Zeiderman LLP, Lisa's strides into the terrain of financial forensics are as calculative as they are compassionate.

Ryan and Lisa discuss the fine line between simple naivety and deliberate abuse in marital finances. They also talk about:

Proactive strategies for safeguarding your financial interests.
The meticulous dance of discovery in divorce proceedings.
Choosing an attorney who's not just a legal gladiator but a financial confidant.

The underestimated alliance with forensic accountants & valuation experts.

What is Divorce at Altitude?

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Safeguarding Spousal Maintenance with Life Insurance and Beyond | Episode 193

Mon, 26 Feb 2024 00:00:00 -0700

Securing Spousal Maintenance with Life Insurance in a Colorado Divorce

In this how-to episode of Divorce at Altitude, Ryan Kalamaya explains an important but often overlooked issue in Colorado divorce cases involving alimony: how to secure future spousal maintenance payments if the paying spouse dies or otherwise cannot pay. Using the hypothetical divorce clients Eric and Melanie Wolf, Ryan walks through what happens after a maintenance award is entered and why simply having a court order for monthly support is not always enough protection.

Ryan begins with a common scenario: Eric is ordered, either by agreement or by the court, to pay Melanie $5,000 per month for 10 years. That may sound straightforward, but it raises a critical question—what happens if Eric dies one year into the maintenance term, or even the day after the divorce is finalized? Because Melanie’s financial security may still depend on those future payments, Colorado law allows courts and parties to put protections in place to secure the unpaid balance of the maintenance award.

Episode Highlights

Why Maintenance Security Matters
A spousal maintenance order may require payments for years, but that award can become meaningless if the paying spouse dies or becomes unable to pay.

Life Insurance as the Most Common Tool
Life insurance is often the easiest and most cost-effective way to secure future alimony obligations in a Colorado divorce.

Other Ways to Secure Maintenance
Courts and parties may also use real estate liens, trusts, investment accounts, bank guarantees, or lines of credit.

Colorado Law Allows Security for Support
Under Colorado law, courts can consider whether future maintenance payments should be protected through a financial security arrangement.

Key Factors Courts Consider
The court may look at the paying spouse’s age, health, insurability, cost of insurance, other obligations, and whether life insurance already existed during the marriage.

Short-Term vs. Long-Term Awards
A short maintenance award for a healthy younger spouse may not justify life insurance, while a longer award with older or less healthy spouses may.

What is Divorce at Altitude?

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Mastering Tax Considerations During a Divorce in Colorado | Episode 192

Fri, 23 Feb 2024 12:00:00 -0700

Today, we re-visit the world of taxes and divorce. Ryan and Amy host an enlightening conversation where they dissect everything from capital gains to Medicare tax, and even the often-overlooked consequences of depreciation recapture. They pull from different scenarios to show you how not accounting for these factors can have significant financial implications.

They also navigate the recent shifts in alimony tax law and unravel the intricacies of gross versus net income calculations. By the end of the discussion, you'll appreciate the critical role CPAs play in divorce proceedings, understand the importance of modeling different financial outcomes, and be aware of how arbitration can effectively solve tax disputes post-divorce.

What is Divorce at Altitude?

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Master Class: Top 5 Complex Income Issues in Colorado Divorce | Episode 191

Thu, 08 Feb 2024 00:00:00 -0700

Complex Income Issues in Colorado Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha take a deep dive into one of the most important and misunderstood topics in Colorado family law: how income is determined for child support and spousal maintenance. While many people assume income is simply whatever appears on a pay stub or tax return, Ryan and Amy explain that in divorce and allocation of parental responsibilities cases, the analysis is often much more nuanced.

The episode focuses on five complex income issues that frequently arise in Colorado domestic relations cases. These issues matter because income affects both child support and spousal maintenance, and even small disputes over how income is calculated can significantly change the outcome of a case.

Episode Highlights

Why Income Matters So Much
Income directly affects both child support and spousal maintenance, making its calculation one of the most important issues in many family law cases.

Minority Business Interests and K-1 Income
A person may show income on paper through a K-1 but not actually receive that money if they lack control over distributions.

Ordinary and Necessary Business Expenses
Not every tax-deductible expense will reduce income for support purposes. Courts often add back personal or excessive business expenses.

Depreciation Can Change the Numbers
Accelerated depreciation is generally added back, while straight-line depreciation may still be considered under Colorado case law.

Imputed Income and Underemployment
Courts may assign income to someone who is capable of working but chooses not to, or who is working below their earning capacity.

Stay-at-Home Parent Issues
A parent who has been out of the workforce may still face imputed income once a child reaches a certain age, depending on the circumstances.

What is Divorce at Altitude?

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Retirement & Spousal Maintenance in a Colorado Divorce | Episode 190

Mon, 05 Feb 2024 05:00:00 -0700

Retirement and Spousal Maintenance in a Colorado Divorce | Divorce at Altitude

In this How To episode of Divorce at Altitude, Ryan Kalamaya explains how retirement can affect spousal maintenance in a Colorado divorce, especially in so-called gray divorce cases involving older spouses. He focuses on the practical and legal questions that arise when one spouse is nearing retirement, has already retired, or wants to reduce work later in life while still paying maintenance.

Ryan begins by framing the issue through the hypothetical divorce of Eric and Melanie Wolf. A common question in these cases is whether maintenance should be structured around a future retirement date, especially if the parties had planned during the marriage for one spouse to retire at a certain age. For example, if Eric is 60 and the couple always expected he would retire at 62, does the divorce change that plan? Or, if he is already past 65 and still working, can he stop working and reduce or end maintenance?

Episode Highlights

Why Retirement Matters in Maintenance Cases
Retirement can directly affect whether a spouse should continue paying maintenance and in what amount.

The Role of Full Retirement Age
Colorado law looks to the Social Security Administration’s definition of full retirement age when evaluating retirement-related maintenance modifications.

Good-Faith Retirement
If the paying spouse retires after reaching full retirement age, there is a rebuttable presumption that the retirement was made in good faith.

The “Payor’s Dilemma”
Courts may need to decide whether a spouse must actually retire before seeking a maintenance reduction or whether the issue can be evaluated in advance.

The Swing Case
Ryan discusses In re Marriage of Swing to show how courts analyze reduced income when a spouse changes jobs later in life for legitimate reasons.

Gray Divorce Complications
In later-life divorces, retirement plans often become a central issue because the parties may have built long-term financial expectations around staying married.

Retirement Income Still Counts
Even after retirement, pensions, IRAs, 401(k)s, and other retirement distributions may still be considered income for maintenance purposes.

What is Divorce at Altitude?

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Preparing for Mediation in Colorado | Episode 189

Thu, 01 Feb 2024 01:00:00 -0700

How to Prepare for Divorce Mediation

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha walk listeners through a practical guide to preparing for mediation in a Colorado divorce or family law case. Because most people hope to avoid trial when they begin the divorce process, Ryan and Amy explain how mediation works, why it is required in most Colorado domestic relations cases, and what parties can do to make the process more productive.

They begin by defining mediation as a confidential process where a neutral third party helps both sides try to resolve disputed issues. In Colorado, mediation is commonly court-ordered, but that only means the parties must attend—it does not mean they are forced to settle. Ryan and Amy explain that mediation can happen before a case is filed, during the case, after temporary orders, or even close to trial. It is not a separate track from litigation, but rather a tool used throughout the process to try to resolve disputes efficiently and privately.

Episode Highlights

What Mediation Is
Mediation is a confidential process where a neutral third party helps divorcing or separating parties try to reach agreement.

Court-Ordered Does Not Mean Forced Settlement
In Colorado, parties are often required to attend mediation, but they are not required to settle.

Mediation as a Tool, Not a Separate Path
Mediation can be used before filing, during litigation, after temporary orders, or even close to trial.

Why Mediation Works
It allows for creative problem-solving, privacy, cost savings, and often better long-term co-parenting outcomes.

Choosing the Right Mediator
The best mediator depends on the issues in the case, including whether the main disputes involve children, finances, or complex assets.

Preparation Matters
Updated financial documents, exchanged offers, and a clear understanding of the disputed issues are critical to a productive mediation.

What Mediation Day Looks Like
Most family law mediations use shuttle-style negotiation, where the mediator goes back and forth between the parties.

What is Divorce at Altitude?

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Navigating the Highs and Lows of Spousal Support in Colorado | Episode 188

Thu, 25 Jan 2024 03:00:00 -0700

Comparing Spousal Maintenance Across the United States

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha explore how spousal maintenance (alimony) in Colorado compares to other states across the United States. Using research from a study conducted by Custody X Change, they discuss how different states calculate spousal support and why the results can vary dramatically depending on where a divorce takes place.

Amy begins by explaining the basic purpose of spousal maintenance: to help bridge the financial gap between spouses after a divorce when one spouse earns significantly less than the other. The goal is to allow the lower-earning spouse to transition financially after the marriage ends while maintaining a lifestyle reasonably similar to what existed during the marriage. Ryan adds that in Colorado this analysis is guided by several statutory factors, including the parties’ age, health, financial resources, property division, and earning capacity.

Episode Highlights

The Purpose of Spousal Maintenance
Spousal maintenance is designed to help the lower-earning spouse transition financially after divorce and maintain a similar standard of living.

Colorado’s Maintenance Statute
Ryan explains that Colorado law considers multiple factors, including financial resources, age, health, and earning capacity.

How the Maintenance Formula Works
Colorado uses a guideline formula based on the parties’ combined monthly income to estimate support amounts.

The $240,000 Income Threshold
The guideline formula typically stops applying when the couple’s combined annual income exceeds $240,000.

Inflation and Outdated Thresholds
Ryan and Amy discuss how the maintenance income cap has not been updated despite rising costs and higher incomes.

The Custody X Change Study
The hosts review research comparing spousal maintenance outcomes across multiple states.

Wide Differences Between States
Some states award significantly more maintenance, while others provide little or none in similar circumstances.

What is Divorce at Altitude?

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Incremental Decreases of Spousal Maintenance | Episode 187

Mon, 22 Jan 2024 09:00:00 -0700

Incremental Decreases of Spousal Maintenance in a Colorado Divorce

In this how-to episode of Divorce at Altitude, Ryan Kalamaya explains the concept of incremental decreases in spousal maintenance after a Colorado divorce. He breaks down how maintenance is not just about the initial amount awarded, but also about how that amount may change over time depending on the circumstances of the parties.

Ryan begins by reminding listeners that maintenance has two key components: amount and duration. Both are shaped by a number of factors, including the length of the marriage, each spouse’s post-divorce financial circumstances, the property division, each party’s age and health, and their future earning capacity. These factors become especially important when one spouse has been out of the workforce for a significant period of time.

Episode Highlights

The Two Core Maintenance Concepts
Ryan explains that every maintenance analysis begins with two questions: how much should be paid, and for how long.

Why Incremental Decreases Matter
Maintenance does not always need to stay at one flat amount. In many divorces, the recipient spouse’s needs change over time.

Factors That Influence Maintenance
Colorado courts consider the length of the marriage, age, health, property division, earning capacity, and each spouse’s financial condition.

Returning to Work After Divorce
If one spouse has been out of the workforce for years, maintenance may be structured to help them transition back into employment.

Education and Career Rebuilding
A spouse who goes back to school or obtains a certification may need more support at first, but less support later.

Using the Eric and Melanie Wolf Example
Ryan shows how a long-term marriage with one stay-at-home spouse can create a strong case for maintenance that decreases in stages.

What is Divorce at Altitude?

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Legal Innovation and the Quest for Equitable Family Law Practices in Colorado | Episode 186

Wed, 10 Jan 2024 23:00:00 -0700

Changes in Colorado Family Law and the Future of Domestic Relations Courts

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the major changes occurring in Colorado’s domestic relations system and how the legal community is working to address challenges within family law courts. Their conversation focuses on the increasing strain on the judicial system, the growing number of self-represented litigants, and new initiatives designed to improve access to justice.

Amy explains that a major issue facing Colorado courts is the pro se crisis—a situation where approximately 75% of family law litigants appear in court without an attorney. This statistic has remained consistent for over a decade. Because many individuals are unrepresented, judges often spend valuable court time explaining basic procedures, forms, and financial disclosures, which slows down the system and makes it harder for courts to address complex cases that truly require judicial attention.

Episode Highlights

The Pro Se Crisis in Family Law Courts
Approximately 75% of parties in Colorado family law cases appear without attorneys, placing additional strain on courts.

Why Courts Are Overloaded
Judges often spend significant time helping unrepresented litigants understand forms, procedures, and financial disclosures.

Licensed Legal Paraprofessionals (LLPs)
Colorado is introducing LLPs to provide limited legal services in family law cases and improve access to professional help.

How LLPs Compare to Nurse Practitioners
Amy explains that LLPs can assist with routine legal matters while attorneys focus on more complex cases.

Expedited Divorce for Simpler Cases
Courts are considering faster processes for divorces without children or major financial disputes.

The 91-Day Waiting Period Debate
Colorado currently requires a 91-day waiting period before a divorce can be finalized, and some believe this requirement could be reconsidered in certain cases.

What is Divorce at Altitude?

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Spousal Maintenance in High Income Divorces | Episode 185

Mon, 08 Jan 2024 00:00:00 -0700

Spousal Maintenance in High-Income Colorado Divorces

In this How To episode of Divorce at Altitude, Ryan Kalamaya explains how spousal maintenance is determined in high-income Colorado divorce cases. While many divorces rely on the Colorado maintenance guideline formula, Ryan clarifies that those guidelines generally do not apply when the parties’ combined annual income exceeds $240,000. In these situations, determining maintenance becomes more complex and requires a deeper analysis of statutory factors rather than a simple calculation.

Using the podcast’s hypothetical clients Eric and Melanie Wolf, Ryan illustrates how high-income divorces differ from typical cases. If Eric earns $500,000 per year, the statutory maintenance formula is not intended to apply. Instead, courts must evaluate broader factors such as the length of the marriage, the age and health of the parties, their contributions during the marriage, and—most importantly—the standard of living established during the relationship.

Episode Highlights

Why the Maintenance Formula Stops at $240,000
Ryan explains that Colorado’s maintenance guideline formula generally does not apply when the parties’ combined annual income exceeds $240,000.

High-Income Divorce Cases Require a Different Approach
Instead of relying on a formula, courts analyze a variety of statutory factors to determine fair support.

The Importance of Standard of Living
In high-income cases, the lifestyle established during the marriage becomes one of the most influential factors.

Income Does Not Always Reflect Lifestyle
Ryan uses Warren Buffett as an example of how someone with immense wealth may still maintain a modest lifestyle.

Property Division Comes First
Maintenance is only evaluated after the court determines how marital assets will be divided.

When Asset Awards Replace Maintenance
If the receiving spouse receives significant assets that generate income, maintenance may not be necessary.

What is Divorce at Altitude?

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Crafting a Path Through Divorce in Colorado: Top FAQs | Episode 184

Fri, 05 Jan 2024 00:00:00 -0700

Divorce is a word that often comes loaded with uncertainty and an avalanche of questions. Ryan and Amy revisit one of our most impactful episodes, they aim to answer our top questions we get in initial divorce consultations. They shed light on the implications of no-fault divorce laws, the concept of marital waste, and if extramarital affairs might tilt the scales in legal proceedings in Colorado, especially when it comes to children and parenting time.

They also discuss crafting plans that keep children at the heart of every decision. Our fictional divorce client Eric Wolff's concerns about his wife's possible alcohol issues and his own deep involvement with their children lead them into the nuances of shared parenting responsibilities and decision-making.

They elucidate the common misconceptions when it comes to dividing property, like the notion that property ownership is clear-cut, and dive into how separate property might blur into marital assets.

What is Divorce at Altitude?

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Understanding Contractual and Modifiable Spousal Support in Colorado Divorces | Episode 183

Tue, 26 Dec 2023 00:00:00 -0700

Contractual vs. Modifiable Spousal Maintenance in Colorado Divorce

In this How To episode of Divorce at Altitude, Ryan Kalamaya explains the difference between contractual spousal maintenance and modifiable spousal maintenance in a Colorado divorce. Using the podcast’s hypothetical clients, Eric and Melanie Wolf, Ryan walks listeners through how divorcing couples decide whether maintenance should be fixed and final or subject to future changes.

Ryan begins by clarifying that maintenance discussions usually happen after the division of property in a divorce. Once property has been divided, the parties can negotiate the amount and duration of spousal support and determine whether it should be contractual (non-modifiable) or modifiable.

Episode Highlights

Why Maintenance Discussions Come After Property Division
Ryan explains that courts and attorneys usually address maintenance only after marital property has been divided.

What Is Contractual Maintenance?
Contractual maintenance is a spousal support agreement created by the parties that cannot later be modified by the court.

The Benefits of Contractual Support
Contractual maintenance provides certainty and predictability, allowing both spouses to plan financially and avoid future disputes.

How Contractual Maintenance Helps With Mortgage Qualification
Because the payment terms are fixed, lenders may treat contractual maintenance as reliable income for refinancing or loan approval.

The Risks of Non-Modifiable Support
If circumstances change dramatically—such as job loss or increased income—the agreement cannot be adjusted.

What Is Modifiable Maintenance?
Modifiable maintenance is the default type of support in Colorado and can be changed if there is a substantial and continuing change in circumstances.

What is Divorce at Altitude?

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Colorado Spousal Maintenance Guidelines | Episode 182

Mon, 18 Dec 2023 00:00:00 -0700

Understanding the Colorado Maintenance Formula

In this How To episode of Divorce at Altitude, Ryan Kalamaya explains how the Colorado maintenance guideline, sometimes called the spousal maintenance formula, is used to estimate the amount of maintenance in a divorce case. He clarifies that this episode focuses specifically on the amount of maintenance, not the duration, which he addresses in a separate episode.

Ryan walks listeners through several important caveats before getting to the formula. First, the guideline is based on gross income, not net income, although tax considerations still matter at the end of the calculation. Second, the maintenance formula is only one factor the court is supposed to consider, alongside other issues such as lifestyle, reasonable needs, and the overall financial picture of the parties. Third, the statutory guideline is intended to apply only when the parties’ combined annual gross income is $240,000 or less.

Episode Highlights

What the Colorado Maintenance Formula Covers
Ryan explains that this episode deals with the amount of maintenance, not how long it lasts.

Gross Income Is the Starting Point
The formula uses gross monthly income, not take-home pay, as the base for the calculation.

The Guideline Is Only One Factor
Although widely used, the maintenance formula is only one part of the broader legal analysis.

The $240,000 Income Cap
Ryan notes that the guideline is intended to apply only when the parties’ combined annual gross income is $240,000 or less.

Step-by-Step Formula Breakdown
Listeners are walked through the process of adding the parties’ incomes, applying the 40% factor, subtracting the lower earner’s income, and then considering taxes.

The Eric and Melanie Wolf Example
Ryan uses the podcast’s hypothetical divorce clients to make the formula easier to understand in practice.

Tax Adjustment Matters
Even though the formula starts with gross income, a tax-related adjustment is still part of the final maintenance estimate.

Lawyers and Judges Often Rely Heavily on the Formula
Ryan explains that, in practice, the guideline often carries substantial weight in negotiation and litigation.

What is Divorce at Altitude?

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A Deep Dive into Real Estate Appraisals during Divorce with Kevin Kerns | Episode 181

Thu, 14 Dec 2023 04:00:00 -0700

Real Estate Appraisals in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by certified real estate appraiser Kevin Kearns to discuss the role of real estate appraisals in Colorado divorce cases. Because the marital home is often one of the most valuable assets in a divorce, determining its fair market value can have a major impact on the financial outcome for both spouses.

The episode also explores how appraisals work specifically in divorce litigation. Kevin discusses the difference between using a joint appraiser versus having each spouse hire their own expert, and why a well-supported appraisal can often reduce disputes and save both parties money. Ryan and Kevin also touch on more advanced issues, such as retrospective appraisals for determining the value of a home at the date of marriage, updating older appraisals when the market shifts, and why websites like Zillow are not a substitute for a professional valuation.

Guest Information

Kevin Kearns is a certified residential real estate appraiser with more than two decades of appraisal experience. After beginning his career as a musician and teacher, Kevin transitioned into real estate appraisal in 2001 and has been practicing ever since. Over the years, he has developed substantial expertise in residential valuation, including appraisals involving unique properties, high-value homes, acreage, and horse properties.

Episode Highlights

Why Real Estate Appraisals Matter in Divorce
Ryan and Kevin explain why the marital home is often one of the most important assets to value accurately in a divorce case.

What an Appraisal Really Is
Kevin describes an appraisal as an estimate of market value based on comparable sales and what a typical buyer would be willing to pay.

How Appraisers Inspect a Property
The conversation covers what Kevin looks at during an inspection, including the home’s condition, updates, layout, location, and neighborhood characteristics.

The Importance of Comparable Sales
Kevin explains how he selects comparable properties and why the principle of substitution is central to credible appraisal work.

Neighborhood and Market Knowledge
The episode highlights why appraisers need to understand local market nuances, such as school districts, traffic, neighborhood boundaries, and buyer preferences.

What is Divorce at Altitude?

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Understanding Spousal Support in Divorce Proceedings | Episode 180

Thu, 07 Dec 2023 12:00:00 -0700

Understanding Spousal Maintenance in Colorado Divorce | Divorce at Altitude

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha take a closer look at one of the most emotional and financially significant issues in Colorado divorce: spousal support, also known as alimony or spousal maintenance. While different terms are often used interchangeably, Colorado law formally refers to it as spousal maintenance. Ryan and Amy explain that spousal maintenance is meant to address the financial imbalance that can arise when one spouse earns significantly more than the other or when one spouse has stepped back from work during the marriage.

Episode Highlights

What Is Spousal Maintenance?
Ryan and Amy explain that alimony, spousal support, and spousal maintenance are often used interchangeably, but in Colorado the legal term is spousal maintenance.

Temporary vs. Post-Divorce Maintenance
The episode distinguishes between support paid during the divorce process and support that continues after the divorce is finalized.

Key Statutory Factors Courts Consider
They discuss the major factors under Colorado law, including financial resources, income, lifestyle during the marriage, marital property, employability, health, and the length of the marriage.

How Lawyers Argue Against Maintenance
When representing the paying spouse, attorneys often focus on the recipient’s employability, the cost of maintaining two households, and whether property division can reduce the need for support.

How Lawyers Argue for Maintenance
When representing the spouse seeking support, attorneys typically emphasize the marital lifestyle, a gap in income or career development, and the need for financial stability while rebuilding independence.

What is Divorce at Altitude?

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Understanding the Financial Maze: How State Laws Can Influence Divorce Outcomes and Colorado's Unique Stance with Brian Walters | Episode 179

Thu, 30 Nov 2023 00:00:00 -0700

Texas vs. Colorado Divorce Laws – Financial Outcomes Compared

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Brian Walters, a Texas family law attorney, to discuss how financial outcomes in divorce can vary significantly depending on the state where a case is filed. Using their recurring hypothetical clients, Eric and Melanie Wolf, Ryan and Brian explore how the results of a divorce could look very different if it were filed in Texas instead of Colorado.

The conversation focuses on several key financial aspects of divorce, including community property rules, appreciation of separate property, spousal support, and jurisdictional issues. Ryan explains that many couples today live between states, particularly between places like Colorado’s mountain communities and cities in Texas such as Houston or Austin.

Guest Information

Brian Walters is a Texas family law attorney and co-founder of Walters Gilbreath, PLLC, one of the largest family law firms in Texas. Along with his partner Jake Gilbreath, he represents clients across major Texas cities and handles a wide range of complex divorce and family law cases. Brian frequently works on cases involving interstate issues, particularly between Texas and Colorado, where many clients maintain residences or business interests in both states.

Episode Highlights

Why Filing Location Can Matter in Divorce
Ryan and Brian explain how couples with connections to multiple states may face dramatically different financial outcomes depending on where the divorce is filed.

Community Property in Texas
Brian outlines how Texas divides property acquired during marriage and how courts handle assets that were owned before the marriage or received through inheritance.

How Colorado Treats Appreciation of Separate Property
Unlike Texas, Colorado may classify the increase in value of separate property during the marriage as marital property, which can significantly change the financial division.

Spousal Support Differences Between Texas and Colorado
Texas generally provides very limited spousal maintenance, while Colorado courts may award longer-term spousal support depending on the circumstances.

Residency and Jurisdiction Requirements
The attorneys explain how residency rules determine where a divorce can be filed and why establishing domicile can become complicated for couples who move frequently.

What is Divorce at Altitude?

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Co-Parenting Through the Holidays: Making the Most of Special Time with Your Kids | Episode 178

Thu, 09 Nov 2023 00:00:00 -0700

The holiday season often brings complex emotions and logistics for divorced or separated parents. On this re-broadcasted episode of Divorce at Altitude, we'll offer guidance on navigating holiday parenting time after a split.

First, we'll explain the key differences between regular and holiday parenting schedules. Next, we'll go over important factors to consider, like your children's ages, travel plans, and existing custody arrangements. We'll also provide tips for minimizing holiday parenting conflicts, including the benefits of using a parenting coordinator.

Ultimately, every family's situation is unique. The goal is to make holiday time as smooth and enjoyable as possible for your kids. We'll share an online tool to help you thoughtfully plan both regular and holiday parenting schedules.

Most importantly, we'll emphasize keeping your children's experience positive by putting their needs first. Divorcing spouses may experience mixed emotions, but the holidays are about quality time as a family. We hope these strategies make holiday co-parenting easier so you and your children can focus on making happy memories.

What is Divorce at Altitude?

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Exploring the Intersection of Law, Music, and Sports with Chip Dunn | Episode 177

Fri, 03 Nov 2023 00:00:00 -0600

Meet Chip Dunn of Kalamaya Goscha

In this episode of Divorce at Altitude, Ryan Kalamaya sits down with associate attorney Chip Dunn to give listeners a closer look at one of the attorneys behind the firm. Rather than focusing on a single legal issue, this episode highlights Chip’s background, what brought him into family law, and how his experience shapes the way he works with clients going through difficult transitions.

Chip shares that he is a Denver native who comes from a family rooted in service. His mother was a teacher, his father worked for the federal government, and his brother became a doctor. That background helped shape his own path into law, especially given his natural tendency to question authority and ask difficult questions.

Guest Information
Chip Dunn is an associate attorney at Kalamaya Goscha, where he focuses primarily on family law matters across Colorado’s Front Range and surrounding areas. He brings a diverse legal background, including experience in both family law and bankruptcy, which allows him to better understand the financial and personal challenges many clients face during divorce. Before joining the firm, Chip practiced law in Minnesota and also worked as a paralegal in the Denver metro area, gaining early exposure to family law cases.

Episode Highlights

Chip’s Path Into Law
Chip shares how growing up in a family centered on public service and his instinct to challenge authority helped lead him toward a legal career.

Why He Left Colorado for Law School and Came Back
He explains why he chose Charleston, South Carolina, for law school and why Denver ultimately remained home.

His Legal Background Before Joining Kalamaya Goscha
Before joining the firm, Chip practiced family law and bankruptcy in Minnesota and previously worked as a paralegal in the Denver metro area.

His Approach to Helping Clients Through Divorce
Chip talks about seeing divorce as a painful but transitional chapter and helping clients move toward what he describes as a kind of personal renaissance.

What Makes Kalamaya Goscha Different
Ryan and Chip discuss the firm’s strong focus on technology, innovation, internal systems, and collaboration, all aimed at improving the client experience.

What is Divorce at Altitude?

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Exploring the Future of Legal Practice with Licensed Legal Paraprofessionals in Colorado with Judge Arkin | Episode 176

Thu, 19 Oct 2023 00:00:00 -0600

Colorado’s Licensed Legal Paraprofessional Program Explained

In this episode of Divorce at Altitude, Amy Goscha is joined by Judge Arkin to discuss major updates on Colorado’s Licensed Legal Paraprofessional (LLP) Program. The conversation focuses on where the program currently stands, what LLPs will be allowed to do, how the licensing process works, and what this new profession could mean for people handling family law matters in Colorado.

Judge Arkin explains that the LLP program has moved from concept and planning into the implementation phase. The goal is to create a new category of licensed legal professionals who can assist clients in family law matters without being attorneys, much like a nurse practitioner model in the legal field. LLPs will be able to practice independently in certain domestic relations matters, though their authority will be limited to less complex issues and they may need to work alongside or refer matters to attorneys when cases exceed the scope of their license.

Guest Information
Judge Arkin chairs the Colorado Supreme Court advisory subcommittee responsible for implementing the Licensed Legal Paraprofessional Program. Amy Goscha serves as the vice chair of that committee.

Episode Highlights

What an LLP Is and Why Colorado Is Creating the Role
Judge Arkin explains that LLPs are intended to function like a legal version of a nurse practitioner, offering family law help within a defined scope of practice.

Why Colorado Dropped the Asset and Income Caps
Amy and Judge Arkin discuss why the original idea of limiting LLP cases by marital asset value became too difficult and impractical, especially with changing home values.

What LLPs Can Actually Do for Clients
LLPs will be able to help clients complete forms, file documents, attend certain hearings, communicate with the other side, and assist with mediation and negotiation.

Who Can Become an LLP
Judge Arkin explains the two main licensure pathways: an education-plus-experience track and an experience-based track for people with substantial law-related work history.

How the LLP Exam and Professionalism Requirements Work
Prospective LLPs must complete character and fitness screening, take a professionalism course, pass an ethics component, and sit for the new LLP licensing exam.

What is Divorce at Altitude?

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Insights into Disputing Colorado Divorce Agreements with Chip Dunn | Episode 175

Thu, 12 Oct 2023 09:00:00 -0600

Invalidating Divorce Agreements in Colorado | Divorce at Altitude

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by senior associate Chip Dunn to discuss what happens when someone wants to challenge or set aside a divorce agreement after it has already been signed or entered by the court. The conversation explores what some call “divorce remorse,” but also covers more serious issues like fraud, lack of disclosure, coercion, and procedural mistakes that can open the door to revisiting a final divorce decree.

Ryan and Chip explain that while courts strongly favor finality in divorce cases, there are limited legal paths to challenge an agreement. They walk through the difference between challenging a divorce agreement under Rule 60 and under Colorado Rule 16.2(E)(10), which allows for reopening property allocations when there has been a material omission or misrepresentation of assets or debts. They also discuss how these issues often arise after mediation or when parties try to complete a divorce without fully understanding the required disclosures.

Guest Information
Chip Dunn is a Senior Associate at Kalamaya Goscha, where he works on family law and related legal issues, including post-decree disputes and challenges to divorce agreements.

Episode Highlights

What It Means to Invalidate a Divorce Agreement
Ryan and Chip explain the concept of “divorce remorse” and the legal reality that setting aside a divorce agreement is possible only in limited circumstances.

Why It Is Hard to Reopen a Divorce
If both parties had attorneys, went through mediation, and the court approved the agreement, the burden is high for the spouse trying to undo it later.

The Importance of Mandatory Financial Disclosures
Complete and accurate disclosures are one of the most important parts of any divorce case. Missing documents or omitted assets can create grounds to reopen the property division.

Key Colorado Cases on Reopening Agreements
Ryan discusses cases like In re Marriage of Hunt, Durie, and Evans to show how Colorado courts analyze omitted or misrepresented property.

Examples of Invalid or Problematic Terms
The episode covers provisions that can cause trouble, such as indefinite co-ownership of a home or attempts to waive child support in ways the court will not enforce.

What is Divorce at Altitude?

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Spotlight on Senior Associate Elizabeth Rose Hardman: A Journey from Alaska to Colorado's Courtrooms | Episode 174

Thu, 05 Oct 2023 12:00:00 -0600

Getting to Know Senior Associate Elizabeth Rose Hardman

In this episode of Divorce at Altitude, Ryan Kalamaya sits down with senior associate Elizabeth Rose Hardman for a more personal and professional conversation about her background, legal path, and what drives her work at Kalamaya Goscha. Unlike the firm’s topic-based episodes, this one gives listeners a closer look at Elizabeth’s journey into law and the role she plays within the practice.

Elizabeth shares that she became an attorney in 2017 and began her legal career at the Weld County Public Defender’s Office in Greeley, where she handled a large number of misdemeanor criminal matters before moving into juvenile court, an area she has always cared deeply about. She explains that her interest in law actually started much earlier, when she participated in Anchorage Youth Court in Alaska during middle school. That early experience, especially serving in defense-style roles for her peers, sparked her desire to become a lawyer.

Guest Information
Elizabeth Rose Hardman is a Senior Associate at Kalamaya Goscha, where she works on criminal defense, family law, appellate matters, and premarital agreement drafting.

Episode Highlights

Elizabeth’s Path Into Law
Elizabeth explains that her legal interest began in middle school through Anchorage Youth Court, where she discovered a passion for advocacy and defense work.

From Alaska to Colorado
Originally from Eagle River, Alaska, Elizabeth moved to Colorado for law school at the University of Denver, drawn by the state’s natural beauty and DU’s strong clinical program.

Her Early Legal Career
She began practicing in 2017 at the Weld County Public Defender’s Office, handling misdemeanor criminal matters and later moving into juvenile court.

What Her Work Looks Like Today
At Kalamaya Goscha, Elizabeth’s role includes criminal defense, family law, appellate research, and drafting premarital agreements, with a strong focus on writing and legal analysis.

What Keeps Her Motivated
Elizabeth says her work is driven by both the intellectual challenge of solving difficult legal issues and a deeper desire to help people through some of the hardest moments of their lives.

Her Advice in Criminal Cases
For anyone facing criminal charges, her top advice is simple: do not speak to law enforcement without an attorney.

What is Divorce at Altitude?

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The Role of a Certified Divorce Real Estate Expert with Allison Decent | Episode 173

Thu, 28 Sep 2023 01:00:00 -0600

How a Certified Divorce Real Estate Expert Helps in Divorce Cases

In this episode of Divorce at Altitude, Amy Goscha is joined by Allison “Allie” Decent of Keller Williams Mountain Properties to discuss the role of a Certified Divorce Real Estate Expert (CDRE) in divorce cases. Allie explains how this specialized certification helps attorneys and divorcing clients navigate one of the most important marital assets: the family home.Allie shares that a CDRE is specifically trained to support family law cases involving real estate, including valuation issues, title problems, liens, equity buyouts, listing strategy, and court-ordered sale logistics. She explains that the goal is to bring in a neutral real estate professional early in the case, ideally before major financial orders are entered, so that attorneys and clients understand the real-world issues affecting the property.

Guest Information
Allison “Allie” Decent is a real estate broker with Keller Williams Mountain Properties and a Certified Divorce Real Estate Expert (CDRE) serving the Vail Valley and surrounding mountain communities in Colorado.

Episode Highlights

What a Certified Divorce Real Estate Expert Does
Allie explains that a CDRE is specially trained to assist divorce professionals and clients with real estate issues tied to family law cases, including valuation, title review, listing strategy, and sale logistics.

The CDRE Intake and Walkthrough Process
Allie outlines how she gathers information from both parties, reviews relevant documents and court orders, inspects the property, and documents its condition to create a reliable record for the case.

Neutral Communication Matters
A major benefit of using a CDRE is that both parties and both attorneys receive the same information, which helps reduce mistrust, avoid confusion, and keep the real estate portion of the case moving forward.

Helping with Buyouts and Sale Decisions
The episode explores how a CDRE can help determine whether one spouse can realistically keep the house or whether selling it is the better option given current equity, financing, and market conditions.

Real Estate Market Conditions in the Mountain Communities
Allie shares that home prices in the Vail Valley remain high, inventory is still tight, and equity buyouts can be difficult, making it important for clients to understand what the market actually supports.

What is Divorce at Altitude?

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Five Tips for Drafting a Premarital Agreement with Elizabeth Hardman | Episode 172

Thu, 21 Sep 2023 00:00:00 -0600

Top 5 Tips for Anyone Considering a Premarital Agreement

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by senior associate Elizabeth Rose Hardman to discuss the top five tips for anyone considering a premarital agreement in Colorado. Unlike prior episodes that focused on the litigation risks and challenges to prenups, this conversation highlights the practical benefits of premarital agreements and how they can create clarity, certainty, and financial understanding before marriage.

Ryan and Elizabeth explain that a premarital agreement is more than just a divorce planning tool. It can also help couples have important conversations about finances, property, expectations during marriage, and what happens in the event of death. They emphasize that the process of negotiating a prenup often forces couples to address financial issues they may not otherwise discuss, including how expenses will be handled, whether one spouse may step back from work, and how separate assets and future appreciation will be treated.

Episode Highlights

What a Premarital Agreement Does
Ryan and Elizabeth explain that a premarital agreement can define financial rights and obligations during marriage, upon separation, or in the event of divorce.

Why Prenups Can Help a Marriage
The discussion highlights how premarital agreements encourage honest conversations about finances, expectations, and future planning before the marriage begins.

Exchange Full Financial Disclosures
A valid prenup requires both parties to fully disclose their assets and debts, including supporting documents and updates if circumstances change before signing.

Both Parties Should Have Legal Counsel
Independent attorneys for both sides help reduce the risk of later claims that one party did not understand the agreement or was unfairly pressured to sign.

Make the Agreement Fair
Ryan and Elizabeth stress that a one-sided agreement is much more likely to create future problems, while a fair agreement is more likely to hold up if challenged.

Practical Record-Keeping Matters
Elizabeth recommends saving the final signed agreement, all disclosures, and related drafts in multiple secure locations so they can always be located later if needed.

What is Divorce at Altitude?

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Understanding and Combating Financial Abuse in Divorce with Lisa Zeiderman | Episode 171

Thu, 14 Sep 2023 02:00:00 -0600

Understanding Financial Abuse in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya speaks with Lisa Zeiderman, a New York matrimonial attorney and expert on financial abuse. Lisa shares how financial abuse often shows up in marriage and divorce, why it is fundamentally about control, and what victims can do to protect themselves. The conversation explores the warning signs of financial abuse, the difference between a spouse who simply chooses not to engage in finances versus one who is being intentionally excluded, and the steps attorneys and financial professionals can take to uncover hidden information during divorce.

Lisa explains that financial abuse is not always obvious. It can involve denying a spouse access to money, credit cards, bank statements, tax returns, or even their own income. It can also include putting someone on an allowance, controlling passwords, redirecting financial documents, or making them feel powerless and dependent.

Guest Information
Lisa Zeiderman is the Managing Partner of Miller Zeiderman LLP in New York. She handles complex financial and custody matters for high-net-worth individuals and is also active in financial literacy advocacy through the nonprofit Savvy Ladies.

Episode Highlights

What Financial Abuse Really Means
Lisa defines financial abuse as a form of control, where one partner restricts the other’s access to money, financial information, or decision-making power.

Common Warning Signs
Ryan and Lisa discuss signs like hidden tax returns, changed passwords, missing statements, lack of access to credit or debit cards, and being forced to ask for money for everyday expenses.

Why It Can Happen to Anyone
Lisa explains that financial abuse is not limited to non-working spouses. Even breadwinners can be financially abused if their earnings are taken and controlled by someone else.

The Role of Discovery in Divorce
Lisa explains how attorneys use financial discovery tools in divorce cases to uncover the truth, including tax returns, bank records, credit card statements, business documents, and depositions.

Why Transparency Matters
From both the victim’s side and the accused spouse’s side, the episode emphasizes that full and early financial disclosure can reduce costs, avoid suspicion, and keep a case from escalating.

What is Divorce at Altitude?

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What is Permanent Maintenance? | Episode 170

Mon, 11 Sep 2023 00:00:00 -0600

Ryan unravel the complexities of permanent alimony or maintenance in a Colorado divorce from understanding the actual meaning of 'permanent' in this context to exploring the modification of spousal support post-divorce.

Leaning on real-world examples, Ryan further explains the purpose behind spousal support and its role in transitioning a party towards self-sufficiency and will help you understand the guidelines for the duration of maintenance based on the Colorado Law.

What is Divorce at Altitude?

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Exploring the Transformative Power of Sabbaticals: Lessons from Portugal and Spain | Episode 169

Thu, 07 Sep 2023 00:00:00 -0600

Lessons from a Sabbatical, Perspective, and Preventing Burnout

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha step away from legal doctrine and court strategy to talk about something equally important for professionals and families alike: rest, perspective, and burnout prevention. Ryan shares insights from his two-month sabbatical in Spain and Portugal, where he traveled with his wife and children and took a true step back from daily legal practice.

Ryan explains that the sabbatical had been in the works for over a year. As he approached nearly 15 years of practice, he started thinking more seriously about creating space to be with his family while his children are still young, gain perspective on his law practice, and recharge mentally and emotionally. Amy asks him to reflect on what made the sabbatical possible, and Ryan highlights three major factors: financial preparation, strong internal support from his law firm team, and careful planning for the trip itself.

Episode Highlights

Why Ryan Took a Sabbatical
Ryan shares why he decided to step away for two months after nearly 15 years of practice and why the timing felt important both personally and professionally.

How He Made It Happen
The discussion covers the practical preparation behind the sabbatical, including financial planning, firm support, and travel logistics.

The Power of Perspective
By stepping away from daily legal work, Ryan was able to reflect more clearly on his law practice, leadership, and the future direction of the firm.

Rest as Rejuvenation
Ryan explains how deep rest, reading, biking, and slowing down helped him return with sharper focus and renewed energy.

Family Connection During Travel
Traveling with his wife and children created meaningful memories and reminded him of the importance of family bonds in both life and legal practice.

Innovation and Cross-Cultural Inspiration
Living in Spain and Portugal for two months gave Ryan ideas about pace, relationships, efficiency, and how those lessons might shape his professional life.

Burnout Prevention in the Legal Profession
Ryan and Amy discuss why sabbaticals, vacations, and intentional rest are critical tools for preventing burnout, especially in emotionally demanding fields like family law.

What is Divorce at Altitude?

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Exploring Premarital Agreements in a High-Profile Divorce: The Kevin Costner Case | Episode 168

Wed, 30 Aug 2023 23:00:00 -0600

Kevin Costner’s Divorce, Prenuptial Agreements, and Discovery Battles

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the highly publicized divorce of Kevin Costner and Christine Baumgartner, focusing on the legal issues surrounding their premarital agreement. While the case is based in California and the hosts are not involved, they use the headlines and reported facts to explain how prenuptial agreements can be challenged, what discovery looks like in these disputes, and why celebrity divorces often highlight issues that apply to many other cases.

Amy explains that Costner and Baumgartner were married for 18 years and share three children. Before their marriage in 2004, they signed a premarital agreement that reportedly provided Christine with a $1.5 million payout in the event of divorce. The core dispute now is whether that agreement is enforceable. Costner reportedly believes the agreement is airtight, while Christine is challenging its validity.

Episode Highlights

The Kevin Costner Prenuptial Agreement Dispute
Ryan and Amy explain the reported terms of the premarital agreement and why Christine Baumgartner is challenging it.

Why Financial Disclosure Matters
A major issue in prenup litigation is whether there was full and fair disclosure of assets, income, and financial circumstances before signing.

Claims of Pressure or Coercion
The hosts discuss how arguments about undue influence, timing, and lack of understanding often arise when one spouse challenges a premarital agreement.

Discovery in Prenuptial Agreement Litigation
Attorney files, billing records, emails, drafts, bank statements, and depositions can all become critical in determining whether a prenup is enforceable.

Why Child Support Cannot Be Decided in a Prenup
Ryan and Amy explain that child support and parenting issues cannot be contracted away because those issues are governed by public policy.

Prevailing Party Attorney’s Fees
The episode covers how some prenups include attorney’s fee provisions that can penalize a spouse for unsuccessfully contesting the agreement.

What is Divorce at Altitude?

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Parental Alienation: Unintentional vs Intentional - Advice From Jill Coil | Episode 167

Thu, 24 Aug 2023 00:00:00 -0600

Parental alienation is a frequently used term in custody cases, but it's essential to understand that there are two distinct types: unintentional and intentional parental alienation.

In this re-broadcasted informative discussion with Ryan Kalamaya on Divorce at Altitude, family law attorney Jill Coil highlights the differences between these types and provides practical strategies and advice for parents dealing with an alienating co-parent. Gain valuable insights to effectively navigate through challenging situations and protect the well-being of your child.

About Jill Coil

Jill Coil founded Coillaw in December of 2014 with the goal of empathizing, protecting, and advocating for families through legal representation. She has received many awards in Utah for her on-going work in family law cases and her avocation for her clients. Jill also has a tech start up called Simpleending.com bringing affordable quality online divorce technology to the public without the need to hire an attorney. She also recently launched a female led Personal Injury firm, Moxie Law Group. She is actively engaged in her community through charitable work through The Coil foundation which she started with her husband. She is a mother of four amazing children and when possible loves to travel the world.

What is Divorce at Altitude?

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How Maintenance Waivers in Pre-nups Work in Colorado | Episode 166

Mon, 21 Aug 2023 00:00:00 -0600

Are Maintenance Waivers in Prenuptial Agreements Enforceable in Colorado?

In this short educational episode of Divorce at Altitude, Ryan Kalamaya explains what happens in a Colorado divorce when a premarital agreement includes a waiver of maintenance. Many couples sign prenuptial agreements before marriage that attempt to eliminate spousal support obligations, but Ryan explains that these waivers are not always automatically enforceable under Colorado law.

Ryan highlights an important Colorado case, Newman v. Newman, which established that courts may refuse to enforce a maintenance waiver if doing so would be unconscionable or unfair. Even if both parties voluntarily signed the agreement before marriage, a court can set aside the waiver if enforcing it would leave one spouse in a financially vulnerable position after the divorce.

Episode Highlights

Premarital Agreements and Maintenance Waivers
Ryan explains that many prenups include clauses where one spouse waives the right to receive maintenance in the event of divorce.

The Newman v. Newman Case
A key Colorado case established that courts may refuse to enforce maintenance waivers if doing so would be unconscionable or against public policy.

Why Courts May Reject a Maintenance Waiver
If enforcing the waiver would leave a spouse financially destitute or unable to support themselves, the court may invalidate the provision.

Example Using Eric and Melanie Wolf
Ryan uses the hypothetical couple to demonstrate how a maintenance waiver could create an unfair outcome in certain circumstances.

What Happens If the Waiver Is Unenforceable
If a court sets aside the waiver, it will evaluate maintenance using Colorado’s standard factors and formulas.

Why Legal Guidance Matters
The episode emphasizes that premarital agreements can be complex, and courts will carefully review maintenance provisions to ensure they meet fairness standards under Colorado law.

What is Divorce at Altitude?

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What is a Spousal Maintenance Buyout? | Episode 165

Mon, 14 Aug 2023 00:00:00 -0600

Understanding a Maintenance Buyout in a Colorado Divorce | Divorce at Altitude

In this short how-to episode of Divorce at Altitude, Ryan Kalamaya explains what a maintenance buyout means in a Colorado divorce and how it works in practice. He breaks down the concept using the podcast’s hypothetical divorce clients, Eric and Melanie Wolf, to show how a lump-sum payment can replace future monthly maintenance payments.

Ryan explains that a buyout is essentially a one-time payment made by one spouse to the other instead of ongoing monthly support. He also highlights the pros and cons of this approach, including the certainty it can provide both parties, as well as the financial risks if future circumstances change. The episode also touches on how maintenance buyouts may interact with property division and why they are often structured as part of the overall settlement.

Episode Highlights

What a Maintenance Buyout Means
Ryan explains that a maintenance buyout is a lump-sum payment made by one spouse to the other in exchange for ending future monthly maintenance obligations.

Using Eric and Melanie Wolf as an Example
He gives a simple example where Eric would owe Melanie $10,000 per month for 24 months, and instead of making monthly payments, he pays a one-time total amount upfront.

The Main Benefit of a Buyout
A buyout creates certainty. Melanie receives the money immediately, and Eric no longer has to worry about making monthly payments over time.

The Main Risk of a Buyout
Ryan points out that a buyout can also create risk. If Eric loses his job or his financial situation changes later, he cannot go back and modify payments he has already made in a lump sum.

How Buyouts Work with Property Division
He explains that the buyout amount is often paid through the broader property settlement, such as from one spouse’s share of home sale proceeds or other marital assets.

Why Structure Matters
Ryan notes that maintenance buyouts are often characterized as an additional property payment, which can have important tax advantages.

Tax Considerations
When structured correctly, the payment may be treated as part of property division and therefore remain tax-free, rather than being handled as ongoing support.

What is Divorce at Altitude?

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Revisiting The Positive Divorce Movement and Better Apart Method with Gabrielle Hartley | Episode 164

Thu, 10 Aug 2023 00:00:00 -0600

Positive Divorce, Mediation, and the Better Apart Approach | Divorce at Altitude

In this episode of Divorce at Altitude, Ryan Kalamaya speaks with Gabrielle Hartley, a family lawyer, mediator, author, and creator of the Better Apart approach to divorce. Gabrielle shares her personal connection to divorce, her experience growing up in a highly functional divorced family, and how that shaped her philosophy around conflict, co-parenting, and separation.

Gabrielle explains why she moved away from traditional family law litigation and toward mediation, mindfulness, and what she calls the positive divorce movement. She discusses how conflict, not divorce itself, is what most harms children, and why many cases can be resolved outside of court when parties are emotionally ready and properly informed.

Guest Information
Gabrielle Hartley is a family lawyer, mediator, author, and founder of the Better Apart approach to divorce. She has practiced for more than 25 years and focuses on helping families resolve even highly difficult divorce cases with less harm and more clarity. She is the author of Better Apart: The Radically Positive Way to Separate and writes the Better Apart Blog, where she shares resources and perspectives for people going through divorce and for divorce professionals.

Episode Highlights

Gabrielle’s Personal and Professional Divorce Story
Gabrielle shares how growing up in a divorced but cooperative family influenced her belief that divorce does not have to define a family as broken.

The Difference Between Litigation and Mediation
Gabrielle explains that most divorce cases can be mediated if both parties are informed, ready, and willing to negotiate in good faith.

The Better Apart Philosophy
Gabrielle introduces her positive divorce movement, which encourages people to reframe divorce as a transition that can be handled with dignity, intention, and less long-term damage.

Attorney-Assisted Mediation and Online Mediation
Gabrielle talks about her preference for attorney-assisted mediation and how Zoom has made mediation more flexible, comfortable, and effective for many families.

The Better Apart Blitz Mediation Model
She explains her structured flat-fee mediation packages and how they are designed for people who are ready to move forward efficiently.

What is Divorce at Altitude?

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What is Temporary Maintenance? | Episode 163

Mon, 07 Aug 2023 00:00:00 -0600

Understanding Temporary Alimony in Colorado Divorce | Divorce at Altitude

In this short Divorce at Altitude lesson, Ryan Kalamaya explains the concept of temporary alimony, known in Colorado as temporary maintenance. He walks listeners through what temporary maintenance is, when it applies, and how it differs from what many people commonly refer to as permanent alimony.

Ryan uses the example of the podcast’s hypothetical divorce clients, Eric and Melanie Wolf, to make the concept easier to understand. If Eric has been the primary breadwinner during the marriage and Melanie has been the lower-earning spouse, Eric may be required to make monthly payments to Melanie while the divorce is still pending. These payments are meant to help support the lower-earning spouse during the divorce process.

Episode Highlights

What Temporary Alimony Means in Colorado
Ryan explains that Colorado refers to alimony as maintenance, and temporary maintenance is support paid during the divorce process.

The Purpose of Temporary Maintenance
Its goal is to help maintain the marital standard of living for the lower-earning spouse while the divorce is pending.

How the Court Evaluates Temporary Support
The analysis includes each spouse’s income, the lower-earning spouse’s expenses, and who is paying key household bills.

Why Mortgage Payments Matter
If the higher-earning spouse is already paying the mortgage or other major expenses directly, that may reduce the amount of temporary maintenance owed.

Why Temporary Maintenance Is Often Disputed
Support issues can become emotional because spouses often disagree about lifestyle, spending, and what expenses are reasonable during the divorce.

Agreement vs. Court Order
Temporary maintenance can be resolved either by mutual agreement between the parties or by a court ruling.

What is Divorce at Altitude?

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Navigating a High Conflict Divorce in Mediation with Liz Merrill | Episode 162

Thu, 03 Aug 2023 00:00:00 -0600

Podcast Summary: Understanding High-Conflict Divorce | Divorce at Altitude

In this episode of Divorce at Altitude, Amy Goscha is joined by mediator and divorce coach Liz Merrill to discuss the realities of high-conflict divorce. Liz shares both her professional insight and personal experience, explaining how high-conflict cases differ from typical divorce matters and why they require a more thoughtful and strategic approach. Together, they explore what defines a high-conflict individual, how these cases affect mediation and legal strategy, and what support systems can help spouses navigate the process more safely and effectively.

Guest Information
Liz Merrill is a divorce mediator and divorce coach based in the Fort Collins area. She specializes in high-conflict divorce cases and helps individuals navigate separation, mediation, and communication with difficult or high-conflict spouses. Through her work, she supports clients in setting boundaries, preparing for the divorce process, and developing strategies that reduce unnecessary escalation.

Episode Highlights

What High-Conflict Divorce Really Means
Liz explains that high-conflict divorce can involve either two escalated parties or one high-conflict spouse and one reactive spouse trying to survive the situation.

Traits of a High-Conflict Individual
The discussion explores common patterns such as black-and-white thinking, emotional reasoning, dishonesty, self-focus, and using children or money as tools of control.

How Divorce Coaching Helps Before Filing
Liz describes how she helps clients prepare before formally starting the divorce process, including gathering financial documents, identifying safety concerns, and creating a plan.

When Mediation Can and Cannot Work
Amy and Liz discuss why some high-conflict cases can still be mediated, while others require attorneys and court involvement because of power imbalances or lack of good-faith negotiation.

Communication and De-Escalation Tools
Liz shares techniques like mirroring, labeling, tactical empathy, gray rock, and yellow rock to help reduce conflict and keep difficult interactions from spiraling.

What is Divorce at Altitude?

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What is Alimony | Episode 161

Tue, 01 Aug 2023 13:00:00 -0600

In this short how-to episode, Ryan Kalamaya gives a short introduction into the topic of spousal support, also known as alimony or maintenance, as part of our comprehensive coverage of support issues in a Colorado divorce.

The most important thing when it comes to spousal support is that it hinges on the distribution of property. We will explore other factors such as income, reasonable needs, and additional intricate matters in future episodes.

What is Divorce at Altitude?

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Temporary vs. Permanent Maintenance in Colorado | Episode 160

Mon, 24 Jul 2023 15:00:00 -0600

Temporary vs. Permanent Alimony in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya explains the key differences between Temporary alimony and what is commonly referred to as Permanent alimony, also known in Colorado as spousal maintenance. Financial support after divorce can significantly impact both spouses, and understanding how Colorado courts evaluate maintenance is critical for anyone going through a divorce.

Ryan begins by discussing Temporary spousal maintenance, which is designed to support the lower-earning spouse while the divorce case is pending. This form of support lasts only during the divorce proceedings and helps ensure financial stability during what can be a stressful and uncertain time. Temporary support also takes into account who is paying certain household expenses. For example, if one spouse continues to pay the mortgage or major bills, those payments may reduce the amount of temporary maintenance required.

Episode Outline

Understanding Spousal Maintenance in Colorado
Ryan introduces the concept of alimony, also called spousal maintenance, and explains why it is a significant financial issue in many Colorado divorce cases.

Temporary Spousal Maintenance During Divorce
Temporary support provides financial stability to the lower-earning spouse while the divorce case is ongoing and considers household expenses being paid by either spouse.

Permanent Spousal Maintenance After Divorce
Ryan explains how permanent maintenance works in Colorado and why it is often awarded for a specific period rather than indefinitely.

Factors Courts Consider When Awarding Maintenance
Courts evaluate several elements including the length of the marriage, financial resources, income, earning potential, and the marital standard of living.

How Property Division Impacts Alimony
The distribution of marital assets can influence the amount and duration of maintenance awarded after a divorce.

Why Spousal Maintenance Is Not Guaranteed
Ryan concludes by explaining that courts must balance fairness and financial circumstances before awarding support, and every case is unique.

What is Divorce at Altitude?

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Unraveling Tax Implications During a Colorado Divorce | Episode 159

Thu, 29 Jun 2023 08:00:00 -0600

Podcast Summary: Navigating Premarital Agreements and Family Wealth | Divorce at Altitude

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Jennifer Goode, a former attorney and now Director of the Institute for Trusts and Estates at Bernstein Private Wealth Management. Jennifer discusses the importance of premarital agreements, asset protection, and financial planning when family wealth is involved in divorce. She shares insights from her white paper on premarital agreements and the role of modeling in these discussions.

Guest Information
Jennifer Goode is an expert in estate planning, wealth management, and financial protection during divorce. As the Director of the Institute for Trusts and Estates at Bernstein Private Wealth Management, she helps clients plan for the future, ensuring that family wealth is protected while also helping couples navigate the intricacies of prenuptial agreements and other financial decisions.

Episode Highlights

Understanding the Role of Premarital Agreements
Ryan and Jennifer discuss how financial planning, including prenuptial agreements, helps couples prepare for the future while protecting family wealth.

The Importance of Financial Modeling
Jennifer explains the role of financial modeling in helping clients visualize long-term outcomes and make informed decisions.

Approaching the Premarital Agreement Discussion
One of the main challenges in negotiating premarital agreements is overcoming the stigma around them.

Practical Scenarios and Asset Protection
Ryan and Jennifer explore a scenario where one spouse comes from a wealthy family and the other does not.

The Importance of Communication and Trust
Jennifer stresses the importance of establishing clear communication and trust between spouses when entering into a prenuptial agreement.

Trends in Premarital Agreements
Jennifer shares the growing trend of premarital agreements becoming more common among younger couples, especially those in business or coming from wealthier backgrounds.

What is Divorce at Altitude?

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Estate Planning, Prenuptial Agreements, and Family Planning Through Modeling With Jennifer Goode | Episode 158

Thu, 22 Jun 2023 00:00:00 -0600

Podcast Summary: Navigating Divorce and Business with Jennifer Goode | Divorce at Altitude

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Jennifer Goode, a former attorney turned Director of Trusts and Estates at Bernstein Private Wealth Management. They discuss premarital agreements, asset protection, and how to handle difficult financial decisions before, during, and after divorce, especially when dealing with family wealth. Jennifer also shares insights from her white paper on premarital agreements and the importance of financial planning in divorce scenarios.

Episode Highlights

Introduction to Premarital Agreements and Financial Planning
Ryan and Jennifer discuss how financial planning, including prenuptial agreements, helps couples prepare for the future while protecting family wealth.

The Value of Modeling in Financial Planning
Jennifer explains the role of financial modeling in helping clients visualize the long-term impacts of their financial decisions.

How to Have the Conversation About Premarital Agreements
One of the main challenges in negotiating premarital agreements is overcoming the stigma around them.

Practical Scenarios and How Premarital Agreements Protect Family Wealth
Ryan and Jennifer explore a scenario where one spouse comes from a wealthy family and the other does not.

The Importance of Communication and Trust
Jennifer stresses the importance of establishing clear communication and trust between spouses when entering into a prenuptial agreement.

What is Divorce at Altitude?

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When Worlds Collide: Navigating the Intersection of Business Values, Mission, and Divorce with Peter Glennon | Episode 157

Thu, 15 Jun 2023 00:00:00 -0600

Podcast Summary: Navigating Divorce and Business Values | Divorce at Altitude

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Peter Glennon, a business lawyer and divorce attorney based in Rochester, New York. Together, they discuss the intersection of business values, mission statements, and navigating divorce when a business is involved. Peter shares his expertise on how business owners, particularly those with complex assets and businesses, can approach divorce while maintaining clarity about their personal and professional goals.

Guest Information
Peter Glennon is the founding partner of a law firm specializing in business disputes, employment law, and matrimonial cases. With years of experience, Peter focuses on helping business owners, professionals, and their families navigate legal challenges, particularly when it comes to balancing personal and business interests during divorce proceedings.

Episode Highlights

Introduction to Business and Divorce Dynamics
Ryan and Peter begin by discussing how family law and business law intersect, especially for business owners going through a divorce.

Understanding Business Values in Divorce
Peter emphasizes the importance of understanding the shared values and mission of a business when a divorce involves business assets. Just as in a personal relationship, when business partners or spouses with a shared vision experience a disconnect, it often leads to frustration.

The Importance of a Clear Mission
Peter and Ryan discuss how business owners can protect their business assets during divorce by revisiting their mission statement, operational documents (such as LLC operating agreements), and prenuptial or postnuptial agreements.

Challenges in Separating Business and Personal Life
Peter addresses the challenge of keeping business matters separate from personal emotions during a divorce.

Protecting the Business Post-Divorce
Ryan and Peter discuss various methods business owners can use to protect their businesses during and after a divorce, such as non-compete clauses, confidentiality agreements, and clear operating agreements.

Moving Forward: Rebuilding After Divorce
Peter emphasizes that, despite the challenges of divorce, it’s crucial for business owners to look forward and focus on rebuilding.

What is Divorce at Altitude?

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Living a Happier Life and Become a Better Lawyer by Finding Balance with Luke Van Arsdale | Episode 156

Thu, 08 Jun 2023 01:00:00 -0600

Podcast Summary: Achieving Balance as a Lawyer | Divorce at Altitude

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by his good friend and fellow lawyer, Luke Van Arsdale, to discuss the concept of balance—especially in the legal profession. Luke, the founding partner of JVAM, a law firm specializing in real estate, business litigation, and transactional work, shares his insights on managing work-life balance, mental health, and creating sustainable careers for lawyers. The conversation also touches on the challenges faced by lawyers in small communities and the importance of mentorship, boundaries, and physical well-being.

Guest Information
Luke Van Arsdale is the founding partner of JVAM, a law firm based in Colorado's Roaring Fork and Arkansas Valleys. With offices in Aspen, Basalt, Glenwood Springs, and Buena Vista, Luke leads a firm that has experienced rapid growth and prioritizes both quality legal work and a healthy work culture. He has been in the legal profession for many years and is passionate about achieving a work-life balance while helping others succeed.

Episode Highlights

Introduction to Work-Life Balance in Law
Ryan and Luke kick off the episode by discussing the challenges of practicing law, especially in small communities like the Roaring Fork Valley.

The Role of Boundaries in Maintaining Balance
Luke highlights the importance of setting boundaries to prevent work from overtaking personal life. He explains how maintaining clear boundaries, like turning off work-related notifications and setting expectations with clients, helps sustain long-term success and personal well-being.

Mental Health and the Impact of Work Stress
Luke discusses how constant work pressure, especially for lawyers, can lead to mental health struggles. He shares his own experience with burnout after an injury and how he overcame it by prioritizing regular exercise, sleep, and maintaining connections with family and friends.

Building a Sustainable Career
Luke reflects on the need for a long-term vision for a legal career. He shares how cultivating a work-life balance not only benefits individual lawyers but also ensures that firms can retain good talent and build sustainable practices that thrive over time.

What is Divorce at Altitude?

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Navigating Divorce with Special Needs Children | Episode 155

Thu, 01 Jun 2023 01:00:00 -0600

Podcast Summary: Navigating Divorce with Children with Special Needs | Divorce at Altitude

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the unique challenges of divorcing when children with special needs are involved. They delve into the critical aspects of parenting plans, medical and educational services, and the impact of stress on children during divorce. Tracy Malone, a divorce coach with expertise in handling narcissistic divorces, shares valuable insights on how to address these complexities effectively.

Guest Information
Tracy Malone is an international divorce coach, author of Divorcing Your Narcissist: You Can't Make This Shit Up, and an expert in helping individuals navigate divorces involving high-conflict behaviors. She offers support to clients going through narcissistic divorces and specializes in providing tools to manage stress and regain emotional well-being.

Episode Highlights

Introduction to Divorce and Special Needs Children
Ryan and Amy introduce the challenges that arise when children with special needs are involved in a divorce.

Impact of Stress on Special Needs Children
Amy talks about how stress from divorce can manifest in regression or behavioral changes, particularly in children with autism or other special needs.

Parenting Time Decisions
Ryan highlights the complexities of decision-making authority in divorce when it comes to special needs children. With special needs, decisions regarding education, medical care, and extracurricular activities become more intricate.

Geographical Considerations and Financial Impact
Amy explains how the geographical location of each parent can impact parenting time, especially if the child has ongoing medical or educational needs that require regular visits to specific doctors or therapists.

Special Needs Trusts
Amy briefly touches on the possibility of setting up a special needs trust to ensure that a child’s needs are met without affecting their eligibility for government benefits. This can be a key element for families facing financial constraints.

Managing Stress and Mental Health
Ryan and Amy discuss how to manage stress, both for parents and children. Ensuring that parents and children have access to counseling or therapy is vital.

What is Divorce at Altitude?

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What to do Before, During, and After a Divorce with a Narcissist with Tracy Malone | Episode 154

Thu, 18 May 2023 00:00:00 -0600

How to Deal with a Narcissist in Divorce: Top 3 Tips | Divorce at Altitude Podcast

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Tracy Malone, an international divorce coach and author, to discuss how to navigate a divorce with a narcissist. In this two-part series, they explore the top three tips for dealing with a narcissist before, during, and after the divorce process. This episode is crucial for anyone going through a high-conflict divorce, especially when narcissistic behavior is involved.

Guest Information
Tracy Malone is a renowned divorce coach who specializes in helping individuals navigate divorces with narcissistic partners. She is the author of Divorcing Your Narcissist: You Can’t Make This Shit Up and has worked with clients worldwide to provide guidance through the challenges of divorcing someone with narcissistic traits.

Episode Outline

Introduction to Narcissism and Divorce
Ryan and Amy introduce the topic of narcissism in divorce. Tracy Malone explains that divorcing a narcissist is a different kind of challenge, often leading to manipulative behavior, gaslighting, and prolonged conflict.

Before Divorce: Tips for Dealing with a Narcissist
Tracy shares valuable tips for individuals who are considering divorce or who are already in the process of divorcing a narcissist. The first tip is educating yourself about narcissistic behavior.

During Divorce: Tips for Dealing with a Narcissist
Tracy talks about the importance of setting clear boundaries and managing communication with the narcissist. Narcissists thrive on drama, so it's essential to keep a calm and clear head. Creating a tight parenting plan is key, especially when children are involved.

Post-Divorce: How to Navigate Life After Divorce with a Narcissist
Tracy’s post-divorce tips include managing your triggers. Narcissists will continue to try to provoke you even after the divorce. It’s essential to recognize your emotional triggers and have strategies in place to manage them.

Conclusion
Tracy concludes by reminding listeners that while divorcing a narcissist can be challenging, it is possible to navigate through it. She emphasizes the importance of educating yourself, setting boundaries, and building a strong support system. With these tools, you can protect yourself and your well-being during and after the divorce.

What is Divorce at Altitude?

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What Happens When My Spouse is Hiding Assests | Episode 153

Wed, 10 May 2023 23:00:00 -0600

What to Do If You Think Your Spouse Is Hiding Money in Divorce | Divorce at Altitude Podcast

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the often complex issue of asset hiding in divorce. If you suspect that your spouse is hiding money or assets, it’s critical to understand how to recognize the signs, what steps to take, and the legal remedies available to uncover hidden assets. They delve into common strategies people use to hide money and how lawyers, along with forensic experts, can help trace these assets during a divorce.

Episode Outline

Introduction to Asset Hiding in Divorce
Ryan and Amy introduce the topic of hiding assets during a divorce. Ryan explains that some individuals in divorce situations may attempt to conceal their wealth to reduce their share of the marital estate.

Why People Hide Assets
Amy discusses common reasons for hiding assets in divorce, including fear of losing money, resentment towards the other spouse, and a desire to avoid sharing the marital wealth.

How to Uncover Hidden Assets
Amy emphasizes the importance of gathering financial documents and requesting detailed information from your spouse. Red flags like unexplained changes in cash flow, the sudden appearance of new bank accounts, or unusual transactions are signs that further investigation is needed.

The Legal Ramifications of Hiding Assets
If assets are found to be hidden, there are serious consequences. In Colorado, under Rule 16.2 E 10, a Divorce can be reopened to reallocate property if a material misstatement or omission is discovered.

The Role of Forensic Experts
Forensic accountants play a crucial role in uncovering hidden assets. Amy explains that while business valuation experts can estimate the value of a business, forensic accountants go further to trace money through bank statements, financial records, and other transactions.

The Psychological Aspects of Hiding Money
Ryan discusses the psychology behind asset hiding, especially in cases where one spouse has been financially controlling or where there is a lack of trust.

What is Divorce at Altitude?

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How to Stay Safe Leaving an Abusive Marriage with Tracy Malone | Episode 152

Fri, 05 May 2023 09:00:00 -0600

Staying Safe Leaving an Abusive Spouse: Top 10 Tips | Divorce at Altitude Podcast

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Tracy Malone, an international coach specializing in narcissistic divorces and abuse. Together, they provide practical advice for those leaving abusive relationships, especially when children are involved. The episode focuses on how to stay safe while navigating the complexities of leaving an abusive spouse and securing a better future. Tracy shares her expertise, offering insights into protecting oneself legally and emotionally during this challenging process.

Guest Information
Tracy Malone is a coach, author, and expert in helping individuals navigate narcissistic divorces. She has worked extensively with clients experiencing emotional abuse and narcissistic relationships, offering them the tools and guidance to leave these toxic situations. Her book, Divorcing Your Narcissist, provides valuable advice for those facing a difficult separation.

Episode Outline

Introduction to the Topic
Ryan and Amy introduce Tracy and dive into the critical topic of safety when leaving an abusive spouse.

Contact a Domestic Violence Hotline
Tracy recommends reaching out to domestic violence hotlines for support and guidance. They can connect individuals to safe houses, provide counseling, and offer other resources for people in abusive relationships.

Be Cautious on Social Media
Tracy advises minimizing social media activity to avoid giving the abuser any further access to personal information.

Conclusion
Tracy emphasizes that no one should ever underestimate an abuser’s willingness to escalate behavior. She encourages those in abusive relationships to take these steps seriously and to seek legal and emotional support. The goal is to stay safe, regain control, and create a future free from abuse.

What is Divorce at Altitude?

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My Ex Kidnapped our Child: What to Do Next with Brian Walters | Episode 151

Fri, 28 Apr 2023 00:00:00 -0600

International Child Custody & Parental Kidnapping: A Conversation with Brian Walters | Divorce at Altitude Podcast

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the complex issues surrounding international child custody and parental kidnapping. Joined by Brian Walters, a family law attorney based in Texas, they dive deep into the legal challenges that arise when one parent relocates with children, either within the U.S. or internationally. The conversation focuses on the steps parents can take to protect their children from international abduction, how U.S. laws like the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) help establish jurisdiction, and the legal processes available for parents facing this difficult situation.

Guest Information
Brian Walters is the managing partner at his family law firm in Texas. With a background shaped by his military upbringing and years of experience in child protection law, Brian has a unique understanding of family law cases involving international custody disputes. He frequently handles complex cases where one parent seeks to relocate with children, potentially leading to issues of parental abduction.

Episode Outline

Introduction to the Issue
Ryan and Amy introduce the topic of international parental kidnapping and what happens when one parent relocates with the children, either across state lines or internationally.

What Happens if One Parent Takes the Kids Without Permission?
Ryan and Brian discuss the legal remedies available to a parent who is faced with a situation where the other parent relocates with the children without their consent.

Enforcing Custody Orders Across State Lines
Brian details how to register a custody order in a different state, such as Texas, to enforce a parenting plan from another state.

The Risks of Parental Abduction and How to Prevent It
Brian shares his experience dealing with international custody disputes, including a case where a mother took her child to Bolivia and another case involving a child being taken to multiple countries.

Challenges in International Custody Cases
Ryan and Brian discuss the challenges of international custody, from having to hire attorneys in multiple countries to the high cost and time involved in pursuing an abduction case.

What is Divorce at Altitude?

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Arbitration Process in a Colorado Divorce | Episode 150

Thu, 20 Apr 2023 09:00:00 -0600

Divorce Arbitration in Colorado | Divorce at Altitude Podcast

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss Divorce Arbitration in Colorado and its role in resolving post-divorce disputes. The episode covers the pros and cons of using arbitration, especially for family law matters like parenting decisions, child support, and asset division. They explore how arbitration provides a faster, private, and cost-effective alternative to court and the nuances of having an arbitrator decide on critical matters.

Episode Outline

Introduction to Divorce Arbitration
Ryan introduces the concept of Divorce Arbitration and explains how it involves a neutral third party (the arbitrator) who acts as a decision-maker, similar to a judge.

Arbitration vs. Private Judges
The episode differentiates Divorce Arbitration from the concept of private judges.

Role of Arbitrators
Amy and Ryan discuss how arbitrators can specialize in certain issues, like financial decisions or parenting arrangements.

Challenges and Benefits of Arbitration
The benefits of Divorce Arbitration include speed, cost-effectiveness, privacy, and the ability to customize the process.

Arbitration in Parenting Decisions
Amy discusses how arbitration can resolve parenting disputes, such as school choices, extracurricular activities, or relocation.

The Cons of Arbitration
Despite its advantages, there are also cons to arbitration. The major downside is that arbitration decisions are final and binding, with very limited options for appeal.

When to Use Arbitration
Ryan and Amy emphasize that arbitration is most effective in situations where both parties are willing to work with a neutral third party.

What is Divorce at Altitude?

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Parenting Coordination and Decision-Making or PCDM with David Lamb | Episode 149

Thu, 13 Apr 2023 00:00:00 -0600

Parenting Coordinators and Decision Makers in Colorado Family Law | Divorce at Altitude Podcast

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by David Lamb, a family law attorney with vast experience in child protection and domestic violence cases. David shares insights into the role of Parenting Coordinators and Decision Makers (PCDMs) in Colorado family law. The discussion covers the unique authority of a PCDM, how they assist parents in managing disputes, and their role in helping make binding decisions for children.

Guest Information
David Lamb is a seasoned family law attorney based in Denver, specializing in child protection, domestic violence, and divorce cases. With experience as a senior deputy district attorney in child protection cases, David has been instrumental in assisting families through complex legal processes. He is also a Parenting Coordinator and Decision Maker, focusing on helping parents resolve disputes without the need for prolonged court involvement.

Episode Outline

Introduction to Parenting Coordinators and Decision Makers
Ryan introduces David Lamb and his extensive background in family law. The discussion begins by explaining what a PCDM is: a statutory role designed to help parents resolve disputes regarding their children.

David's Journey into Family Law
David shares his career journey, which began in commercial litigation and transitioned into family law after realizing that he wanted to work directly with families.

The Role of Parenting Coordinators
David describes the role of a Parenting Coordinator as someone who facilitates communication between parents, offering coaching and guidance to ensure that children’s needs are met.

When to Use a PCDM
The discussion then turns to which types of cases are ideal for a PCDM. David highlights that high-functioning parents who simply struggle to communicate effectively are the best candidates for a PCDM.

Challenges and Limitations of PCDMs
While PCDMs can be a helpful tool in many cases, David notes that not all situations are suitable for this intervention.

The Role of Arbitration in Parenting Decisions
Ryan and David briefly touch on arbitration as an alternative to using a PCDM. Arbitration allows parents to resolve disputes in a more informal setting, with a neutral third party making decisions.

What is Divorce at Altitude?

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How THC Use Affects Child Custody in Colorado | Episode 148

Thu, 06 Apr 2023 00:00:00 -0600

The Impact of Marijuana Use on Child Custody in Colorado | Divorce at Altitude Podcast

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha delve into the nuanced topic of marijuana use and its effects on child custody in Colorado. As marijuana becomes legalized for both recreational and medicinal purposes, questions arise about its impact on parenting, children's well-being, and custody arrangements.

Episode Outline

Introduction to Marijuana in Child Custody Cases
Ryan and Amy kick off the episode by acknowledging the legality of marijuana in Colorado and addressing how it affects parenting and custody cases. Amy explains that while marijuana use in itself does not automatically equate to bad parenting, it's important to assess how it impacts a parent's ability to care for their child.

Legal Framework and Custody Decisions
Amy highlights that in Colorado, the key issue for the courts is whether marijuana use inhibits the parent's ability to effectively care for the children during their parenting time.

Testing for THC Levels
The conversation shifts to the challenges of testing for THC, the active compound in marijuana. Amy explains the various testing options available, including urine, saliva, and blood tests.

Challenges in Court
Ryan adds that the legality of marijuana doesn't make it easier to prove its impact on child custody. He discusses the difficulty of demonstrating harm or potential danger to the children.

Case Law and Court Precedents
Amy and Ryan share insights on Colorado case law and court decisions regarding marijuana use and custody.

Practical Tips for Parents and Attorneys
Amy concludes by advising that parents must understand how THC testing works and the challenges of proving marijuana use in child custody cases.

What is Divorce at Altitude?

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Filing for an Annulment in Colorado | Episode 147

Thu, 30 Mar 2023 01:00:00 -0600

Annulment in Divorce: Insights from Ryan Kalamaya and Amy Goscha

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha dive into the topic of annulments in divorce, exploring the legal implications, timing, and the grounds for annulment in Colorado. They examine the key differences between annulment and divorce and discuss how Colorado handles the invalidation of marriages.

Episode Outline

Introduction to Annulment in Colorado
Ryan and Amy kick off the episode with a fun quiz on famous annulments involving celebrities like Renee Zegar, Kenny Chesney, and Kim Kardashian.

Grounds for Annulment in Colorado
Amy explains that while Colorado doesn't have a specific annulment statute, marriages can be invalidated based on certain grounds, including fraudulent misrepresentation, lack of capacity, duress, or legal incapacity (e.g., underage marriages).

Case Examples and Timing
Ryan and Amy use celebrity examples like Kim Kardashian and Chris Humphreys to illustrate annulment scenarios.

Practical Considerations for Filing for Annulment
Amy discusses the procedural steps involved in seeking an annulment in Colorado, including filing a declaration for invalidity of marriage and the time limits that apply to different grounds.

Impact of Annulment on Property and Support
Amy goes into detail about how annulment impacts property division and spousal support, particularly when fraud is involved.

What is Divorce at Altitude?

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Insight into the Brain’s Reaction During Divorce with Dr. Bill Crawford | Episode 146

Thu, 23 Mar 2023 03:00:00 -0600

Navigating Divorce with Purpose: Insights from Dr. Bill Crawford

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Dr. Bill Crawford, a renowned psychologist, author, and expert in emotional intelligence. Dr. Bill shares his unique approach to understanding and managing emotions during difficult transitions like divorce. Drawing from his background in music and psychology, Dr. Bill introduces his Life from the Top of the Mind philosophy, which helps individuals reframe their emotional responses and engage in more purposeful, solution-focused thinking.

Guest Information
Dr. Bill Crawford is a psychologist and author with a deep understanding of how emotions influence behavior, particularly during high-stress events like divorce. With over three decades of experience, Dr. Bill specializes in helping individuals break negative emotional cycles and shift to a more positive and purposeful mindset. He is the author of eight books, including Life from the Top of the Mind, which provides practical tools for managing emotions and improving communication in challenging situations.

Episode Outline

Introduction to Dr. Bill Crawford
Ryan and Amy introduce Dr. Bill, who shares his background, including his transition from a musician to a psychologist, and his unique approach to emotional intelligence.

The Emotional Cycle of Divorce: Grieving the Shattered Dream
Dr. Bill explores the emotional rollercoaster that many individuals experience during divorce.

Shifting from Reactive to Purposeful Thinking
Dr. Bill introduces the Life from the Top of the Mind philosophy, which encourages individuals to move from reactive emotional responses to more purposeful, solution-oriented thinking.

Breaking the Cycle of Negative Emotions
Dr. Bill shares a practical model, BRAIN (Breathe, Relax, Ask, Imagine, Notice), to help individuals break the cycle of negative emotions.

How to Co-Parent and Communicate Effectively During Divorce
Dr. Bill offers advice on how to communicate effectively with an ex-partner during divorce.

Parenting with Purpose and Setting Healthy Boundaries
Dr. Bill discusses the importance of setting healthy boundaries with children during divorce.

What is Divorce at Altitude?

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Substance Abuse and Divorce in Colorado with John Gilburt | Episode 145

Thu, 16 Mar 2023 10:00:00 -0600

Alcoholism and Divorce: The Impact of Substance Abuse on Parenting and Custody

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha welcome John Gilburt, a Boulder-based addiction and substance abuse expert, to discuss the complex relationship between alcoholism and divorce. John, with his extensive background in alcohol tolerance and substance abuse treatment, shares valuable insights into the consequences of substance abuse on relationships and parenting. The episode covers everything from identifying alcoholism and understanding its impact on children to testing methods and treatment options.

Guest Information
John Gilburt is an addiction specialist with over 40 years of experience in alcohol and substance abuse treatment. John founded the Boulder Alcohol Education Center and has worked extensively on researching alcohol tolerance, writing a dissertation on alcohol tolerance and disinhibition. He is currently working on his upcoming book, 99 Bottles of Beer, which discusses alcohol and its effects from a scientific perspective.

Episode Outline

Understanding Alcoholism and Substance Abuse
John explains the difference between substance abuse and alcoholism, emphasizing that alcohol use becomes problematic when it causes harm to the individual or others.

The Impact of Alcoholism on Parenting
Ryan and John discuss the consequences of having an alcoholic parent, particularly the effects on children.

Is High Tolerance Alcoholism the Same as Regular Alcoholism?
John clarifies the distinction between high tolerance alcoholism and regular alcoholism.

Protecting Children in Divorce Cases Involving Substance Abuse
John emphasizes the importance of protecting children in divorce cases involving substance abuse.

Treatment Options: Inpatient vs. Outpatient Care
John compares inpatient and outpatient treatment options for individuals struggling with alcoholism.

The Role of AA and Support Systems in Recovery
John talks about the role of Alcoholics Anonymous (AA) and Al-Anon (for families of alcoholics) in the recovery process.

What is Divorce at Altitude?

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The AI Revolution and its Implications for Family Law with Raiford Palmer | Episode 144

Thu, 09 Mar 2023 10:00:00 -0700

AI and Divorce: The Future of Family Law

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Raiford Palmer from STG Divorce Law in Chicago to discuss the intersection of artificial intelligence (AI) and divorce law. They explore the emerging AI revolution, how it’s changing various industries, and its impact on divorce and family law. From drafting legal documents to analyzing financial data, AI is making waves, and Raiford offers insights into its current applications and future potential in the legal field.

Guest Information
Raiford Palmer is a divorce attorney and the managing partner at STG Divorce Law in Chicago. He has extensive experience in family law and is a thought leader on the application of technology in the legal field. Raiford is passionate about using innovative tools, including AI, to streamline legal processes and provide better services to clients.

Episode Outline

Understanding AI and Its Impact on Divorce Law
Raiford introduces AI, explaining its current capabilities and the groundbreaking advancements in large language models like ChatGPT and image-generation models like DALL·E.

AI in Legal Practice: Current Uses
Raiford shares how AI is currently being used in his law firm, from writing marketing blog posts to creating job postings.

AI for Document Drafting and Legal Analysis
Ryan and Raiford discuss how AI could soon be used to draft motions, analyze legal documents, and even predict settlement outcomes.

The Future: AI-Driven Legal Research and Automation
Raiford delves into how AI could eventually revolutionize legal research, helping attorneys quickly access relevant case law and statutes.

The Risks and Ethical Considerations of AI in Law
While AI brings efficiency, it also presents risks, particularly in terms of accuracy and ethical concerns.

AI as a Competitive Advantage in the Legal Industry
Ryan and Raiford discuss how law firms that adopt AI tools will have a competitive edge, improving both client satisfaction and operational efficiency.

What is Divorce at Altitude?

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The Essential Recipe for Finally Leaving your High Conflict Marriage with Karen McMahon | Episode 143

Fri, 03 Mar 2023 10:00:00 -0700

Exiting High Conflict Marriages: Action Steps for Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha welcome Karen McMahon, a Divorce coach and expert in high conflict marriages. Karen discusses how to properly exit a high conflict marriage, providing listeners with essential steps and strategies to navigate the complex emotional and legal challenges. The episode covers how to identify a high conflict marriage, the reasons people stay in these marriages, and the importance of rewiring your mind, reimagining yourself, and creating a bulletproof exit plan.

Guest Information
Karen McMahon is a Divorce coach and the host of the Journey Beyond Divorce podcast. With years of experience working with individuals in high conflict marriages, Karen specializes in helping people break free from unhealthy relationships. Through her coaching, she empowers clients to gain clarity, rebuild confidence, and move forward with a sense of purpose.

Episode Outline

Understanding High Conflict Marriages
Karen explains what defines a high conflict marriage, highlighting signs like constant blame, lack of empathy, and ongoing defensiveness.

Common Reasons People Stay in High Conflict Marriages
Karen addresses the common fears that prevent individuals from leaving high conflict marriages, including financial insecurity, fear of losing custody of children, and a lack of self-confidence.

Rewiring Your Mind: Overcoming Fear and Doubt
Karen introduces the concept of rewiring your mind to break free from the negative thought patterns that keep people stuck in high conflict marriages.

Reimagining Yourself: Creating a Vision for the Future
Karen discusses the power of reimagining your life after leaving a high conflict marriage.

The Role of Education and Support
Karen emphasizes the need for education and professional support when navigating a high conflict divorce.

What is Divorce at Altitude?

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Should I Keep My House Post-Divorce with Jeff Landers | Episode 142

Wed, 22 Feb 2023 23:00:00 -0700

Maximizing Your Options: What to Do with the Marital Home in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha welcome Jeff Landers, a Certified Divorce Financial Analyst (CDFA) and Certified Divorce Lending Professional (CDLP), to discuss one of the most pivotal questions in divorce—what to do with the marital home. Jeff provides expert advice on navigating the complex decision of whether to keep, sell, or co-own the home post-divorce. He shares his insights on managing the financial implications, especially for divorcing individuals who wish to maintain stability for their children.

Guest Information
Jeff Landers is a seasoned expert in divorce financial matters, with a background that includes being a licensed mortgage and real estate broker. He founded Next Act Properties, a company dedicated to providing real estate and mortgage solutions for divorcing individuals. With a wealth of experience, including his role as the author of seven divorce-related books, Jeff specializes in offering guidance on what to do with the marital home during divorce.

Episode Outline

Introduction to the Marital Home Dilemma
Ryan and Amy introduce Jeff Landers and discuss the common dilemma faced by divorcing couples: what to do with the marital home.

Should You Sell, Keep, or Co-Own the Home?
Jeff explains the three main options—selling, keeping, or co-owning the home—and why co-owning post-divorce is generally not advisable.

Financial Implications of Keeping the Home
Jeff discusses the financial challenges of keeping the marital home, including the need to buy out the other spouse's share and the difficulty of qualifying for a mortgage post-divorce.

Mortgage Refinancing and the Six-Month Rule
Jeff dives into the mortgage refinancing process, detailing how spousal support and child support may affect the ability to qualify for a mortgage.

Planning for the Future: Fractional Ownership and Sell-Leaseback Options
Jeff talks about fractional ownership and sell-leaseback options for those who may not be able to afford to buy out their spouse or refinance the home.

The Importance of Planning Early in the Divorce Process
Jeff emphasizes the importance of getting professional advice early in the divorce process to avoid costly mistakes later on.

What is Divorce at Altitude?

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Time Management Tips for Family Law Attorneys with Marco Brown | Episode 141

Thu, 16 Feb 2023 09:00:00 -0700

Maximizing Efficiency: Time Management Tips for Family Law Attorneys

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha welcome Marco Brown, a renowned Family Law attorney from Salt Lake City, Utah. Marco shares valuable insights on time management for attorneys, specifically focusing on Family Law practices. He discusses how to manage distractions, handle time vampires, and implement strategies that help lawyers bill more hours while maintaining a work-life balance. Marco also talks about his personal journey from starting a law firm with no clients to becoming a recognized Family Law expert.

Guest Information

Marco Brown is a highly respected Family Law attorney based in Salt Lake City, Utah. He is the founder of Brown Family Law, a firm that has helped over 4,000 individuals navigate the challenges of Divorce and Family Law. Marco's journey is one of resilience and success, as he grew his firm from scratch while managing significant student loan debt and operating from the floor of his Honda. Today, he runs a thriving firm and has earned recognition as Utah Family Law Attorney of the Year, voted by his peers in the Utah Bar.

Episode Outline

Introduction to Time Management in Family Law
Ryan and Amy introduce Marco Brown and the topic of time management for Family Law attorneys.

The Trick to Billing More Hours Without Spending Extra Time in the Office
Marco reveals an easy trick to bill 192 more hours per year without working extra hours: stop checking social media!.

The Impact of Social Media and Distractions on Legal Work
Ryan and Marco dive into the research on how distractions, including social media, affect lawyers’ productivity.

Managing Emails and Calls Effectively
Marco provides practical advice for attorneys on how to manage emails and calls without letting them disrupt their flow.

The Importance of Client Communication
Marco talks about the importance of setting clear communication expectations with clients, explaining how limiting interruptions can ultimately lead to better service and higher quality work for clients.

How to Run a Law Firm Efficiently and Make More Money
Marco emphasizes the importance of building an efficient law firm that serves clients well while providing a fulfilling work environment for attorneys.

What is Divorce at Altitude?

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Common Law Marriages and Divorce in Colorado | Episode 140

Thu, 02 Feb 2023 00:00:00 -0700

Common Law Marriage in Colorado: What You Need to Know | Episode 140

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the complexities of common law marriage in Colorado, a state where common law marriages are legally recognized. They delve into what constitutes a common law marriage, the factors that courts consider, and the financial implications of being deemed common law married. Amy also provides insight into how common law marriage can impact property division, spousal support, and child support during divorce proceedings.

Episode Outline

Introduction to Common Law Marriage
Ryan and Amy introduce the topic of common law marriage, explaining its historical context and how Colorado recognizes it.

What Makes a Common Law Marriage in Colorado?
Amy explains the two main elements required for a common law marriage in Colorado: mutual consent and the open assumption of a marital relationship.

The Legal and Financial Implications of Common Law Marriage
Ryan and Amy discuss why someone might claim a common law marriage, particularly in divorce cases where property division and spousal support are at stake.

Disputes Over Common Law Marriage
The hosts discuss how disputes arise when one party denies the existence of a common law marriage.

Cohabitation Agreements and Unmarried Couples
Amy talks about the rise in cohabitation agreements for couples who want to clarify their status and intentions, particularly when they don’t wish to be seen as common law married.

Case Law Examples
Amy references the Salzman v. Backrack case, where the court found that property improvements made during a relationship could lead to a claim of unjust enrichment, even if the couple wasn't married. They also discuss the People v. Lucero case, which further defines the criteria for common law marriage in Colorado.

The Process of Litigating Common Law Marriage
Ryan and Amy walk through how common law marriage cases are litigated, emphasizing the fact-intensive nature of these cases. They discuss how a party seeking to establish a common law marriage might need to provide witnesses and extrinsic evidence.

What is Divorce at Altitude?

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Inflation and Divorce: The Reality of Rising Prices with Andy Baum | Episode 139

Thu, 26 Jan 2023 00:00:00 -0700

Inflation and Its Impact on Divorce Valuations and Settlements | Episode 139

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by financial expert Andy Baum, who shares insights on how inflation affects divorce settlements, valuations, and maintenance payments. Andy explains how inflation can alter property valuations, impact the cost of spousal support, and shift the financial landscape of divorce cases. He also discusses the current economic climate and how the Federal Reserve's actions are influencing interest rates and inflation.

Guest Information

Andy Baum is a financial expert and associate at Harper, Hofer, and Associates. He has significant experience in financial forensics, business valuation, and economic analysis. Andy has presented to the Family Law Bar in Denver on the topic of inflation's impact on divorce valuations and has worked with numerous clients to navigate complex financial issues in divorce proceedings.

Episode Outline

Introduction to Inflation and Divorce
Ryan and Andy discuss the definition of inflation and its impact on purchasing power, setting the groundwork for how inflation affects divorce financials.

The Federal Reserve's Role in Inflation
Andy explains how the Federal Reserve uses interest rates to control inflation, and how recent hikes have impacted the economy.

The Impact of Inflation on Property Valuations
Ryan and Andy discuss how inflation affects property valuations, particularly for assets like real estate.

Business Valuations During Inflation
Andy explains how inflation influences business valuations, particularly for closely held businesses.

Equalization Payments and Inflation
Andy talks about how interest rates tied to equalization payments (the money owed to one spouse to equalize the division of assets) need to reflect inflation to maintain fairness over time.

The Impact of Inflation on Separate Property
Ryan and Andy discuss how inflation affects separate property during a divorce, particularly when there are increases in the value of assets like investments or real estate.

The Future of Inflation and Divorce Settlements
Andy offers insights into future inflation trends and how it may continue to impact divorce settlements, spousal support, and business valuations.

What is Divorce at Altitude?

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Challenges in Business Valuations in a Divorce with Ron Seigneur | Episode 138

Thu, 19 Jan 2023 00:00:00 -0700

Challenges in Business Valuations in a Divorce with Ron Seigneur

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by business valuation expert Ron Seigneur, who discusses the complexities of business valuations in divorce cases, particularly when it involves closely held businesses. Ron provides insights on how to determine the value of a business, the different types of valuation standards, and the legal challenges that often arise in these cases. Whether it's determining fair market value or investment value, Ron explains the nuances that attorneys and clients need to be aware of during the divorce process.

Guest Information

Ron Seigneur is a founding partner of Seigneur Gustafson, a Colorado-based firm specializing in financial forensics, business and intellectual property valuation, and exit planning services. He has written numerous articles on business valuation and is an adjunct professor at the University of Denver, Daniels College of Business. Ron also serves as the vice-chair of the Business Valuation Committee for the American Society of Appraisers.

Episode Outline

Introduction to the Episode
Ryan introduces Ron Seigneur and discusses the significance of business valuations in divorce cases, particularly those involving closely held businesses.

Understanding Business Valuations in Divorce
Ron breaks down the different types of business valuation metrics used in divorce, including fair market value, fair value, and investment value.

The Importance of Standard of Value
Ryan and Ron discuss the legal distinction between fair market value and investment value, and how this impacts the valuation of a business in divorce.

Discounts in Business Valuations
Ron dives into the importance of discounts, such as the minority interest discount and lack of marketability discount, particularly when valuing a minority stake in a closely held business.

Goodwill in Professional Businesses
The conversation turns to the concept of goodwill in professional businesses.

How Volatility Affects Business Valuations
Ron addresses how economic volatility, such as market fluctuations or industry disruptions, influences business valuations.

What is Divorce at Altitude?

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Top Episodes of 2022 | Episode 137

Thu, 12 Jan 2023 00:00:00 -0700

Today, we delve into our top five episodes from 2022. Tune in to hear which episodes we found most enriching and what you can learn from them, as practitioners or as someone going through a divorce. We share powerful insights from each conversation, along with practical resources from each of our guests. So tune in today for an overview of the best of 2022, as we look forward to an enriching and growth-filled 2023. Thanks for listening!

Key Points From This Episode:

An into to Ryan's top episodes of 2022.
Episode 94: Divorcing a Narcissist with Tracy Malone.
Different types of narcissists, how a divorce plays out with a narcissist and their need to win.
Episode 120: Enforcing Court Orders Without Filing for Contempt with Halleh Omidi.
Alternative remedies to contempt of court as outlined by Halleh Omidi.
Episode 113: Navigating a High Conflict Divorce with Les Katz.
Dr. Katz weighs in on how often high conflict in a divorce can be attributed to one person.
Episode 116: Forensic Accounting & the Divorce Money Guide with Tracy Coenen.
The need to critically go through your financials as a client of divorce and how her Divorce Money Guide came to be.
Episode 115: Taking the High Road with Andy Heller.
What led Andy to write Taking the High Road.
The research process that led him to compile the best practices on how to get through a divorce process.

Thank you to our listeners for your support in 2022!

What is Divorce at Altitude?

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How to Pick the Right Divorce Lawyer with Ryan and Amy | Episode 136

Thu, 05 Jan 2023 08:00:00 -0700

How to Pick the Best Divorce Lawyer in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha delve into the critical topic of selecting the best Divorce lawyer in Colorado. As January is known as "divorce month," the duo discusses strategies for choosing the right lawyer for your situation, whether you're a business owner like Eric Wolf or navigating a more straightforward divorce. They emphasize the importance of finding a lawyer with expertise in family law, understanding your approach to divorce, and ensuring that the lawyer is someone you can trust to represent your interests effectively.

Ryan and Amy outline several important factors to consider when hiring a Divorce lawyer, from specialization in family law to understanding the lawyer's approach to negotiation and litigation. They also touch on the importance of setting clear expectations regarding the costs of legal services and how to navigate potential expenses during the divorce process.

Episode Outline

Introduction
Ryan and Amy introduce the topic of selecting the right Divorce lawyer in Colorado. They highlight the importance of making an informed decision, especially in emotionally and financially challenging divorce cases.

Specialization in Family Law
Amy explains the significance of hiring a lawyer who specializes in family law, particularly divorce cases. She cautions against hiring general practitioners and emphasizes the importance of finding someone with the right expertise.

Identifying the Right Approach
Ryan and Amy discuss different approaches to divorce law, such as collaborative law, litigation, and mediation. They stress the need for clients to understand a lawyer's approach and ensure it aligns with their desired outcome for the divorce.

Referrals and Research
Ryan advises listeners to ask friends, family, and other professionals for referrals when looking for a Divorce lawyer. He emphasizes that trusted recommendations often lead to the best matches for clients.

Meeting with Lawyers
Ryan and Amy talk about the importance of meeting with multiple lawyers to find the best fit. They share personal insights and recommend asking key questions during consultations to gauge how well the lawyer will represent your interests.

What is Divorce at Altitude?

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Empowering Women During and After Divorce with Hasana Elamin | Episode 135

Thu, 29 Dec 2022 00:00:00 -0700

Empowering Women Post-Divorce: A Journey to Healing and Transformation

In this episode of Divorce at Altitude, Amy Goscha is joined by Hasana Elamin, a Divorce coach and life coach, who shares her inspiring journey of overcoming the challenges of divorce and the strategies she uses to help women navigate similar experiences. Hasana discusses her background as an expat, her personal experiences with narcissistic abuse, and how she transformed her mindset to build a successful coaching business.

Hasana's coaching program empowers women to take control of their lives, heal their emotional wounds, and gain the clarity needed to make empowered decisions. Through personal experience and client success stories, Hasana highlights the importance of mindset, boundaries, and actionable steps for rebuilding life after divorce.

Guest Information

Hasana Elamin is a Divorce coach dedicated to helping women overcome overwhelm, gain clarity, and create the life of their dreams. She became a coach after experiencing a difficult divorce while living overseas as an expat. With a background as a personal trainer and Pilates instructor, she combines physical wellness with mindset coaching to guide women through emotional recovery and personal growth.

Episode Outline

Introduction to the Episode
Amy introduces Hasana Elamin, a Divorce coach, and explores the impact of mindset and personal growth after a divorce.

Overcoming Overwhelm and Gaining Clarity
Hasana discusses how she helps women gain clarity and overcome the emotional overwhelm that often comes with divorce.

The Impact of Narcissistic Abuse and Financial Control
Amy and Hasana talk about the emotional and financial abuse often experienced by women in narcissistic relationships.

Setting Boundaries and Protecting Yourself
Hasana emphasizes the critical role of setting boundaries, particularly when dealing with narcissistic ex-spouses.

Coaching Through the Divorce Process
Hasana walks through the steps of her coaching program, which helps women heal emotionally, set goals, and create a vision for their future.

Supporting Children Through Divorce
Hasana discusses how women can support their children through the challenges of divorce, particularly when one parent is narcissistic.

What is Divorce at Altitude?

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Managing Your Assets, Investments, and Money Post-Divorce with Austyn Garcia | Episode 134

Thu, 22 Dec 2022 00:00:00 -0700

Investing in Divorce: How to Handle Financial Assets Post-Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Austyn Garcia, a financial advisor at Denver Wealth Management. Together, they discuss the various financial considerations individuals face after a divorce, focusing on the decision-making process regarding investments, asset allocation, and tax implications.

Austyn offers valuable insight into how couples can make sound financial decisions during a divorce, taking into account the long-term impact of taxes and market volatility. The discussion also delves into behavioral economics and the psychological aspects of money during a stressful time like divorce.

Guest Information

Austyn Garcia is a financial advisor at Denver Wealth Management, specializing in investment management, cash flow management, and tax mitigation strategies. He has been in the financial industry for over four years and transitioned from a marketing role to financial advising. Austyn holds a degree in economics and has certifications in the financial advising space.

Episode Outline

Introduction to the Episode
Ryan introduces Austyn Garcia, a financial advisor at Denver Wealth Management, to discuss the financial implications of divorce and the strategies that can help clients navigate post-divorce asset management.

Types of Financial Accounts and Their Tax Implications
Austyn explains the different types of financial accounts that may come into play during a divorce, such as IRAs, Roth IRAs, 401(k)s, and savings accounts.

The Importance of Asset Allocation in Divorce Settlements
Ryan and Austyn dive into the complexities of asset allocation, particularly when it comes to real estate and investments.

Managing Real Estate Post-Divorce
Austyn addresses the emotional and financial considerations that come with keeping or selling real estate post-divorce.

Financial Decision-Making for Melanie: What Should She Do with Her Money?The episode concludes with a discussion on what Melanie should do with the settlement money she receives from the divorce.

What is Divorce at Altitude?

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Standard of Living for High Net Worth Women After Divorce with Olivia Summerhill | Episode 133

Thu, 15 Dec 2022 00:00:00 -0700

Managing Lifestyle and Finances During Divorce: Insights from a Financial Expert

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by financial expert Olivia Summerhill to discuss the financial concerns that high-net-worth women like Melanie Wolf face during a divorce. Olivia provides valuable insights on how to manage the financial side of divorce, including lifestyle changes, moving, refinancing, and the importance of having the right experts on the team.

Episode Highlights

Introduction to Olivia Summerhill
Olivia is a financial consultant specializing in advising ultra-high-net-worth women going through or post-divorce. She brings extensive experience from her previous roles at JP Morgan and in wealth management.

The Pre-Divorce Phase: Preparing for Change
Melanie Wolf is used as a hypothetical example of a woman considering divorce. Olivia talks about common fears such as where the money is, what assets exist, and how the lifestyle will change post-divorce.

Lifestyle and Expectations During Divorce
Melanie, like many women, fears losing her country club lifestyle and the social connections associated with it. She stresses that it’s crucial for Melanie to have a clear understanding of her values and priorities before making any financial decisions.

Financial Implications: Moving and Refinancing
Olivia talks about the challenges Melanie faces when considering moving and refinancing, especially in the context of rising interest rates and volatile housing markets.

Handling Asset Valuations and Divorce Strategies
When Eric suggests to Melanie that they can “cut out the lawyers” and she should just “tell me a number,” Olivia discusses the financial strategies involved.

Spousal Support and Inflation
The hosts talk about how inflation impacts the long-term sustainability of spousal support (alimony) and how Melanie should approach negotiations. She also touches on how a lump-sum payment might be an option for some, especially in cases where long-term support isn’t in the best interest of both parties.

Post-Divorce: Guiding Melanie with Her Values
Melanie’s post-divorce life should be guided by her values. Olivia explains how understanding personal values, such as family, independence, and philanthropy, helps shape Melanie’s decisions going forward.

What is Divorce at Altitude?

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Depositions in a Divorce | Episode 132

Thu, 08 Dec 2022 00:00:00 -0700

Depositions in Divorce: A Guide to the Process

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha take a deep dive into the world of depositions, a critical component of the discovery process in divorce cases. Ryan and Amy explain what depositions are, when they're used, and how they help both sides gather crucial information.

They also provide insight into the different types of depositions, from fact-finding to trial preparation, and discuss the strategy behind using depositions in divorce litigation. With a focus on both practical tips and legal considerations, this episode offers a clear understanding of how depositions can be leveraged to secure a favorable outcome in a divorce case.

Episode Outline

What is a Deposition?
Ryan and Amy provide an overview of what a deposition is, explaining that it’s a formal process where one party is questioned under oath by the opposing party’s attorney. The answers are recorded by a court reporter and can be used in court later.

When are Depositions Used in Divorce?
The hosts discuss how depositions typically take place after initial disclosures and written discovery are exchanged. They help clarify facts and are used when there’s a need for deeper exploration of issues, such as hidden assets or business ownership.

The Deposition Process
Amy explains how depositions are typically held in-person or via video conferencing (Zoom), with both parties and their attorneys present. The court reporter records everything said, and objections can be made by attorneys during the deposition if needed.

Cost and Preparation for Depositions
Ryan and Amy discuss the cost-benefit analysis of depositions, explaining that while they can be expensive due to preparation and time, they can also be extremely valuable in uncovering information and preparing for trial.

How Depositions Impact Settlement
The hosts explore how depositions can encourage settlement by locking a party into a certain narrative and exposing discrepancies between their deposition and potential trial testimony.

Handling Difficult Deposition Scenarios
Amy talks about how to handle tough questions or objections in depositions, including how to manage objections related to privilege or relevance, and the importance of maintaining composure.

What is Divorce at Altitude?

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The Who, When, Where, and What of Divorce Discovery | Episode 131

Thu, 01 Dec 2022 00:00:00 -0700

Discovery in Divorce: Navigating the Process and Uncovering Hidden Assets

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha delve into the intricacies of the Discovery process in divorce cases. Discovery is a critical phase where both parties are required to provide full and fair disclosure of their financial and personal circumstances. Ryan and Amy explain how this process helps attorneys uncover hidden assets, debts, and income, and the tools used to gather this information.

They explore the difference between initial disclosures and formal discovery requests, including interrogatories, requests for documents, and subpoenas. The episode also covers challenges that arise during the discovery process, such as disproportional requests and the importance of following the guidelines for relevance and scope, all framed by Colorado Rule of Civil Procedure 16.2.

Episode Outline

Introduction to Discovery in Divorce
Ryan and Amy discuss the importance of discovery in divorce cases, where both parties must fully disclose their assets, debts, and income to ensure fair property division, alimony, and child support calculations.

Initial Disclosures
Amy explains the initial disclosure process under Colorado Rule 16.2, where both parties must provide basic financial documents like tax returns, bank statements, and property information without needing to be formally requested.

Formal Discovery Requests
Ryan and Amy outline the formal discovery process, which includes interrogatories (written questions), requests for production of documents, and subpoenas. They also touch on non-pattern requests tailored to specific cases.

Scope and Proportionality of Discovery
Amy highlights the importance of keeping discovery requests proportional to the case, referencing the landmark GarCo case that provides guidance on how broad or invasive requests should be.

Depositions in Discovery
Ryan shares his experience with using depositions as a discovery tool, explaining how they can be a powerful method to get to the heart of a case and uncover information that documents alone might not reveal.

Conclusion and Key Takeaways
Ryan and Amy summarize the key points discussed, emphasizing the importance of thorough and honest disclosure during the discovery phase to ensure a fair resolution for both parties.

What is Divorce at Altitude?

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The Future of Family Law and Marital Agreements or Contracts with John Hoelle | Episode 130

Wed, 23 Nov 2022 00:00:00 -0700

Parenting Contracts and the Future of Family Law

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Boulder-based mediator and lawyer John Hoelle to discuss the future of family law, specifically focusing on the emerging concept of parenting contracts and values-based agreements for couples. They dive into how these agreements, which outline parenting plans in advance, can help avoid future conflicts during a divorce and provide clarity for both parents regarding their children’s future. The conversation also explores mediation’s role in helping families navigate divorces with minimal conflict.

John shares his experience of transitioning into family law after a career as a mediator and highlights the importance of creating contracts before the need arises, especially when it comes to parenting time, lifestyle, and other values.

Guest Information
John Hoelle is a Boulder-based mediator and family law attorney. He is the founder of Conscious Family Law and Mediation and specializes in helping families navigate divorce with a focus on mediation, collaborative law, and parenting agreements. John is passionate about empowering clients to make their own decisions, avoiding conflict, and creating sustainable solutions for families post-divorce.

Episode Outline

Introduction to the Episode
Ryan introduces the topic of parenting contracts and the future of family law, alongside his guest, John Hoelle.

Parenting Contracts and Values-Based Agreements
John explains the concept of parenting contracts, including the importance of couples setting values and parenting goals before a divorce or separation occurs.

Challenges and Benefits of Parenting Contracts
Ryan and John discuss the potential benefits of a system that enforces agreed-upon parenting time schedules and how it would benefit families in the long term.

The Role of Mediation in Family Law
John explains the mediation process and how it empowers clients to take control of their own divorce process by focusing on solutions that work for their family.

Addressing Complex Issues and Incorporating Other Experts
Ryan and John explore the potential benefits of incorporating other experts, such as child specialists or financial planners, into the mediation process for complex cases.

What is Divorce at Altitude?

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Parenting Time During the Holidays | Episode 129

Thu, 10 Nov 2022 00:00:00 -0700

Holiday Parenting Time: Navigating the Challenges of Divorced Families During the Holidays

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the complexities of holiday parenting time for divorced families. As the holiday season approaches, many divorced parents are grappling with how to manage parenting time, school breaks, and travel arrangements. Ryan and Amy share tips for parents navigating these challenges, emphasizing the importance of planning ahead to avoid conflicts during this busy time.

They explore various approaches to holiday parenting time, from alternating holidays every other year to splitting them in half or assigning fixed holidays. Amy offers practical advice for parents in the midst of divorce or those preparing to negotiate a parenting plan, highlighting the importance of looking at long-term consequences and making detailed arrangements to ensure fairness and stability for the children.

Episode Outline

Introduction to the Topic
Ryan and Amy set the stage for discussing holiday parenting time, explaining the importance of preparing early for holiday arrangements during and after a divorce.

Regular vs. Holiday Parenting Time
Amy defines the difference between regular parenting time and holiday parenting time, which takes precedence over regular schedules during school breaks.

Common Approaches to Holiday Parenting Time
Discussion on how parents typically handle holiday parenting time, such as alternating holidays every other year, splitting the holiday in half, or assigning fixed holidays.

The Importance of Looking at the Long-Term Calendar
Ryan emphasizes the importance of looking at the calendar when negotiating holiday schedules, especially with school breaks and how they may affect the regular parenting time schedule.

Modifying the Parenting Plan for the Holidays
Discussion on how parents should modify their parenting plan to reflect the unique circumstances of holiday schedules, such as travel or long-distance parenting.

Final Thoughts on Holiday Parenting Time
Amy gives final tips on how parents can make the holiday season smoother by staying flexible and keeping the children's best interests at the forefront.

Conclusion
Ryan wraps up the episode by encouraging parents to plan ahead for holiday parenting time and to seek help when needed to avoid last-minute disputes.

What is Divorce at Altitude?

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Tom Brady, Professional Athletes, and Divorce with Evan Schein | Episode 128

Thu, 03 Nov 2022 01:00:00 -0600

Professional Athletes, Entertainers, and Divorce: What You Need to Know

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by New York City divorce lawyer, Evan Schein, who specializes in cases involving professional athletes and entertainers. They dive into the unique aspects of divorce when it comes to high-earning public figures like athletes and entertainers, with a particular focus on the financial, child support, and spousal maintenance challenges they face during a divorce.

Evan, who has an extensive background working with athletes, explains how contracts, endorsement deals, and post-retirement plans can all influence divorce settlements. He shares valuable insights into how such cases differ from typical divorces, and how the complexities of public life, social media, and high asset divisions must be carefully navigated.

Guest Information

Evan Schein is a seasoned divorce attorney and partner at Berkman Bacher Newman & Schein in New York City. He specializes in high-profile divorce cases involving professional athletes and entertainers. With a background as an NFL sports agent, Evan brings a unique perspective to family law cases involving large contracts, endorsements, and other complexities of public figures.

Episode Outline

Introduction to the Episode
Ryan introduces the topic and special guest, Evan Schein, a New York City divorce lawyer with experience handling high-profile divorce cases involving athletes and entertainers.

Case Study: Steve Sewell's Divorce
Ryan and Evan discuss the case of former NFL player Steve Sewell, highlighting the challenges of dividing incentive-based compensation in divorce.

The Differences Between NFL and MLB Contracts
Evan contrasts the NFL's non-guaranteed contracts with MLB's guaranteed contracts, explaining how this affects divorce settlements in each sport.

Working with Athletes and Entertainers During Divorce
Evan outlines the team of professionals that divorce attorneys typically work with when representing an athlete or entertainer.

Managing the Risk of Losing Income After Retirement
Ryan and Evan talk about the risks involved in representing athletes who might not have long-term savings, as their earnings decline after retirement.

What is Divorce at Altitude?

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Paying Alimony or Spousal Maintenance and Retirement with Ryan and Amy | Episode 127

Wed, 26 Oct 2022 23:00:00 -0600

Spousal Maintenance and Retirement in Divorce

In this episode of Divorce at Altitude, family law attorneys Ryan Kalamaya and Amy Goscha discuss how spousal maintenance (also known as alimony) is handled in divorce, particularly when retirement is a factor. They break down how the court considers various factors such as the marital property, gross income, and the ability to pay when deciding on spousal support, with a special focus on how retirement age and plans can impact maintenance decisions.

Ryan and Amy also explore the guidelines for spousal maintenance in Colorado, how a long-term marriage versus a short-term marriage affects maintenance decisions, and the role of life plans in spousal maintenance. They discuss recent trends in how the courts handle retirement-age spouses and modifications to maintenance when one spouse reaches full retirement age.

Episode Outline

Introduction to Spousal Maintenance and Retirement
Amy and Ryan introduce the topic and discuss the importance of understanding spousal maintenance in the context of divorce, particularly for clients nearing retirement.

General Factors for Determining Spousal Maintenance
Amy explains the key factors considered by the court when awarding spousal maintenance, including income, property division, reasonable needs during marriage, and ability to pay.

Advisory Guidelines for Spousal Maintenance
Amy elaborates on the advisory guidelines in Colorado for combined gross income under $240,000 and how the court applies these guidelines.

Challenges with Retirement and Maintenance
The difficulty of modifying maintenance based on retirement and income is explored. Ryan shares examples of real cases where retirement age and ongoing work conflict with maintenance.

Considering the Life Plan
Amy emphasizes that the court will look at the life plan of each spouse, especially if one spouse is planning to retire and the other isn’t. The differences in lifestyle and expectations are discussed.

Court’s Perspective on Retirement and Maintenance
Amy discusses the court’s view on forcing a spouse to work after retirement or to stop working if they’re capable of earning.

Conclusion and Takeaways
Ryan and Amy wrap up by emphasizing the importance of understanding how retirement affects spousal maintenance and planning ahead for clients who are nearing retirement age or contemplating early retirement.

What is Divorce at Altitude?

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Cryptocurrency in a Colorado Divorce with Anthony A. Garcia | Episode 126

Thu, 20 Oct 2022 11:00:00 -0600

Cryptocurrency and Divorce in Colorado: What You Need to Know

In this episode of Divorce at Altitude, Colorado family law attorney Ryan Kalamaya is joined by cryptocurrency attorney Anthony A. Garcia to discuss how Bitcoin, Ethereum, NFTs, and other digital assets are handled in a Colorado divorce. As cryptocurrency becomes more mainstream, it is increasingly showing up in property division, child support, and maintenance cases.

Ryan and Anthony break down the fundamentals of blockchain technology, explain the difference between public addresses and private keys, and discuss the risks associated with hot wallets, cold wallets, and crypto exchanges. They also explore how cryptocurrency can be hidden, how attorneys can uncover undisclosed digital assets, and the potential tax and valuation issues that arise when dividing volatile assets.

Guest Information
Anthony A. Garcia is a Colorado and California licensed attorney who focuses on commercial and probate litigation. He advises clients and attorneys on cryptocurrency-related legal issues and has been actively involved in the crypto space since 2017. Anthony regularly consults on matters involving blockchain, decentralized finance (DeFi), decentralized autonomous organizations (DAOs), and digital asset security.

Episode Outline

Understanding Cryptocurrency and Blockchain
Anthony explains cryptocurrency as a distributed ledger system and distinguishes between blockchain technology and digital currencies like Bitcoin and Ethereum.

Public Addresses, Private Keys, and Wallets
A breakdown of public addresses versus private keys and the difference between hot wallets (internet-connected) and cold wallets (hardware-based storage).

Hidden Cryptocurrency in Divorce
How one spouse may conceal crypto assets and the challenges attorneys face in identifying undisclosed Bitcoin or other digital holdings.

Valuation Challenges
The volatility of cryptocurrency and how fluctuations impact property division in Colorado divorce proceedings.

Tax Implications of Cryptocurrency Division
Whether crypto transfers in divorce trigger taxable events and how capital gains may affect settlement strategy.

Crypto Income and Support Issues
How staking, mining, or decentralized finance returns could impact child support or spousal maintenance calculations.

What is Divorce at Altitude?

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Trust Interests in a Colorado Divorce | Episode 124

Thu, 29 Sep 2022 00:00:00 -0600

Trusts and Divorce in Colorado: Property, Income, and Economic Impact

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha unpack one of the most complex financial issues in Colorado divorce cases: how trusts are treated under Colorado family law. Many families create trusts for estate planning and asset protection, but when divorce arises, questions quickly follow. Is a trust interest considered property? Is it marital or separate? Can trust income affect spousal maintenance or child support?

Ryan and Amy break down the difference between revocable and irrevocable trusts, vested versus discretionary interests, and how Colorado courts analyze trust interests under key cases like In re Marriage of Balanson and In re Marriage of Jones. They also discuss strategic litigation tools such as declaratory judgments, how courts handle trust income in support calculations, and why economic circumstances matter even if a trust is not technically divisible property.

Episode Outline

Property vs. Not Property
Why classification matters in Colorado divorce and how courts determine whether a trust interest qualifies as property before it can be divided.

Types of Trust Interests
Remainder interests, income interests, discretionary trusts, powers of appointment, and governing law provisions and why the trust document is critical.

Balanson vs. Jones
How Colorado’s leading cases distinguish between vested interests that may be property and discretionary interests that are generally not.

Declaratory Judgments and Bifurcation
When attorneys ask courts to decide the trust classification issue early to avoid unnecessary valuation costs and negotiation gridlock.

Trust Income and Support
How distributions from a trust can be considered income for purposes of spousal maintenance and child support, even if the trust itself is not property.

Economic Circumstances in Property Division
Why courts may consider the existence of a trust when dividing marital property, even if the trust is not divisible.

Tracing and Valuation Issues
How courts analyze commingled funds, entity versus asset approaches, and the practical challenges of valuing trust-related interests.

Post-Divorce Estate Planning Considerations
Why updating estate planning documents after divorce is critical to avoid unintended financial consequences.

What is Divorce at Altitude?

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When is it Time for a Divorce and What Should People Consider if Trying to Reconcile with Lori Kret and Jeff Cole | Episode 123

Fri, 16 Sep 2022 08:00:00 -0600

How to Know When It’s Time for Divorce or Time to Save Your Marriage

In this episode of Divorce at Altitude, Colorado family law attorney Ryan Kalamaya explores one of the most common and emotionally difficult questions people ask: How do you know when it’s time to get a divorce, and when is it time to try to save your marriage? Ryan is joined by relationship experts Lori Kret and Jeff Cole, founders of the Aspen Relationship Institute and creators of Functional Love, an integrative model for helping couples rebuild connection and clarity.

Lori and Jeff explain that many couples assume something is “broken” when conflict shows up, especially in a world where relationships are often portrayed as effortless. In reality, they normalize that long-term relationships are hard and that disconnection does not always mean the marriage is over.

Guest Information

Lori Kret and Jeff Cole are licensed therapists and board-certified coaches, and the founders of the Aspen Relationship Institute. They developed Functional Love, an integrative approach that combines self-awareness with practical action steps to help couples rebuild trust and emotional connection. They also write relationship columns for the Aspen Times and speak at wellness and community events.

Episode Outline

When It’s Time to Try Saving the Marriage
Why many relationships can be repaired when both partners are willing to explore deeper needs, take accountability, and rebuild emotional safety.

Why “Communication Problems” Are Usually Not the Real Problem
How communication issues often reflect deeper unmet needs, emotional loneliness, resentment, or lack of appreciation.

The Myth of the Honeymoon Phase as a Standard
Why “being in love” changes over time, and what long-term intimacy looks like when the relationship is healthy.

Functional Love: Awareness + Action
Why tools and strategies do not stick unless couples understand their triggers, protective patterns, and emotional fear responses.

Reconciliation After Divorce Is Filed
Why “trying again” only works with structure, therapy, and real accountability, not temporary promises.

Repair After a Major Transgression
What rebuilding trust looks like after an affair, including grief for the old relationship, emotional repair, and creating a new foundation.

What is Divorce at Altitude?

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Who is Erik Wolff Again | Episode 122

Fri, 09 Sep 2022 01:00:00 -0600

Eric Wolf’s Divorce Story: The Emotional and Financial Crossroads of a Colorado Divorce

In this episode of Divorce at Altitude, Colorado family law attorney Ryan Kalamaya shares the powerful and relatable story of Eric Wolf, a successful business owner facing the unraveling of his marriage. Through Eric’s experience, listeners gain insight into the emotional, financial, and legal realities that often surface at the beginning of a Colorado divorce.Eric and his wife, Melanie, have grown distant. What once felt like a strong partnership now resembles a strained business arrangement. Work has become Eric’s escape, while resentment and silence fill their home. After a tense counseling session, Melanie announces she has hired a divorce lawyer. Eric is left reeling, confronting the uncertainty of what comes next.

As Eric processes the news, his thoughts turn to the real-life divorce questions many Colorado spouses face: How will we tell the kids? Who stays in the house? What happens to the business? How will property be divided? What about child support, college expenses, and long-term financial security? Can I protect my company? Where will I live?This episode serves as a reminder that divorce is not just a legal process. It is an emotional turning point that impacts children, finances, property division, parenting time, and future stability. Ryan uses Eric’s story to highlight the importance of thoughtful planning, professional guidance, and understanding Colorado family law before making critical decisions.

Episode Outline

The Breaking Point in a Marriage
Eric and Melanie’s emotional distance and the counseling session that changes everything.

The Immediate Questions After Divorce Is Announced
Concerns about children, housing, finances, business ownership, and property division.

Financial and Business Uncertainty
Protecting a closely held business and understanding how Colorado divides marital property.

Emotional Impact on Parents and Children
How divorce affects family dynamics and long-term stability.

The Need for Guidance in Colorado Divorce
Why experienced legal advice matters when facing major life transitions. In future episodes, Divorce at Altitude will explore Melanie’s perspective and continue unpacking the complex legal and emotional issues that arise in Colorado divorce cases.

What is Divorce at Altitude?

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Colorado LLP Program Implementation Update with Maha Kamal | Episode 121

Thu, 01 Sep 2022 01:00:00 -0600

Colorado Licensed Legal Paraprofessional (LLP) Program Update

In this episode of Divorce at Altitude, Amy Goscha welcomes Denver family law attorney Maha for an important update on Colorado’s Licensed Legal Paraprofessional (LLP) program. This follow-up conversation builds on their earlier discussion and highlights the significant progress made since the Colorado Supreme Court adopted the LLP concept and moved into the implementation phase.

A key milestone discussed is that the LLP implementation proposal was accepted by the Colorado Supreme Court for public comment through September 14, 2022. Maha explains how the public comment process works, why it matters, and how individuals can submit feedback. She emphasizes that support from both lawyers and the community is critical to ensure the program moves forward.The episode also addresses common questions from the media and legal community. Topics include how LLPs differ from attorneys, whether LLPs will compete with lawyers, projected timelines for launch, and the anticipated 2024 goal for accepting applications.

Guest Information

Maha is a Denver-based family law attorney and founder of Colorado Family Law Project. She practices primarily in the Denver metro area and focuses on sliding scale and unbundled services. She is actively involved in access-to-justice initiatives and co-chairs the LLP Education and Outreach Committee working with the Colorado Supreme Court.

Episode Outline

What Has Happened Since the Initial LLP Episode
Update on the implementation proposal and Colorado Supreme Court review process.

Public Comment Process Explained
How the public comment period works and why feedback is essential.

Addressing Attorney Concerns
Clarifying that LLPs are not replacing attorneys but serving currently unrepresented litigants.

Projected Timeline for LLP Launch
Implementation steps, rule changes, exams, and the goal of accepting applications around 2024.

LLPs and the Access-to-Justice Gap
How LLPs can support self-represented litigants in Colorado family law cases.

Practical Support for Clients
Examples of how LLPs can assist with sworn financial statements, procedural guidance, and navigating court expectations.

What is Divorce at Altitude?

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Enforcing Court Orders without Filing for Contempt with Halleh Omidi, Esq. | Episode 120

Thu, 25 Aug 2022 00:00:00 -0600

Enforcing Colorado Divorce Court Orders Without Filing Contempt

In this episode of Divorce at Altitude, Colorado family law attorney Ryan Kalamaya is joined by Denver attorney Halleh Omidi to discuss how to enforce divorce court orders without filing contempt. While contempt is often the first remedy clients think of, it is not always the most efficient or strategic option. Ryan and Halleh walk through several powerful alternatives available under Colorado family law.

They begin with a Motion to Enforce Parenting Time under C.R.S. 14-10-129.5. This remedy allows a parent to address denied parenting time with tighter statutory deadlines and a broad range of remedies. Unlike contempt, it can result in makeup parenting time, attorney’s fees, counseling requirements, bond postings to ensure compliance, civil fines, and even modifications to existing orders when appropriate. Finally, they explain Rule 70 motions under the Colorado Rules of Civil Procedure. When a party refuses to sign deeds, vehicle titles, tax returns, or other required documents, the court can authorize the clerk to sign on behalf of the noncompliant party.

Guest Information

Halleh Omidi is a Denver-based family law attorney at Hogan Omidi, P.C. She has practiced since 2011 and focuses exclusively on family law, including complex asset division, parenting disputes, post-decree modifications, and prenuptial and postnuptial agreements. She is a University of Colorado graduate and regularly handles high-asset and high-conflict cases.

Episode Outline

Motion to Enforce Parenting Time
Faster alternative to contempt with broad remedies, including makeup time, attorney’s fees, and bond requirements.

Entering a Support Judgment for Unpaid Child Support or Maintenance
How unpaid support becomes a money judgment and the collection tools available, including wage garnishment and bank levies.

Enforcing Separation Agreements
Using statutory authority to enforce financial terms and mediation clauses incorporated into a divorce decree.

Rule 70 Motions
Allowing the court clerk to execute deeds, titles, tax returns, or other documents when a party refuses to comply.

Status Conferences as a Strategic Tool
When informal court intervention may resolve enforcement issues without the expense of contempt proceedings.

What is Divorce at Altitude?

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Navigating Divorce, Setting Boundaries, and Co-Parenting with a Narcissist or Difficult Ex with Karen McMahon | Episode 119

Mon, 15 Aug 2022 11:00:00 -0600

Divorcing a Narcissist in Colorado: Codependency, Boundaries, and Co-Parenting Strategies

In this popular re-release episode of Divorce at Altitude, Colorado family law attorney Ryan Kalamaya and Amy Goscha sit down with divorce coach Karen McMahon, host of the Journey Beyond Divorce podcast. Together, they unpack one of the most challenging scenarios in Colorado family law: divorcing a narcissist while navigating codependency, setting healthy boundaries, and co-parenting with a difficult ex.

Karen shares how her own high-conflict divorce shaped her coaching practice and why so many clients feel emotionally overwhelmed during separation. She explains the common patterns seen in narcissistic relationships, including black-and-white thinking, revisionist history, deflection, and manipulation. Just as important, she highlights the other side of the dynamic: codependency, or what she calls “self-love deficiency,” where one partner consistently sacrifices their own needs to maintain the relationship.

Guest Information

Karen McMahon is a certified divorce coach and founder of Journey Beyond Divorce. After navigating her own high-conflict divorce, she created a coaching program to help clients move from emotional chaos to clarity and confidence. She hosts the Journey Beyond Divorce podcast and works with clients across the English-speaking world.

Episode Outline

What Is Divorce Coaching?
How a divorce coach helps clients move from emotional overwhelm to clarity during separation.

Recognizing Narcissistic Traits in Divorce
Common behaviors such as manipulation, deflection, and high conflict that surface in Colorado divorce cases.

Understanding Codependency
How self-sacrifice and fear can keep someone stuck in unhealthy relationship dynamics.

Setting and Upholding Boundaries
Practical tips for managing communication, reducing reactivity, and protecting your emotional space.

Parallel Parenting with a Difficult Ex
Why high-conflict situations often require structured communication and detailed parenting plans.

Healing and Breaking Generational Patterns
How personal growth during divorce can lead to healthier co-parenting and stronger outcomes for children.

What is Divorce at Altitude?

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Psychological Testing in a Custody Battle with John Zervopoulos | Episode 118

Thu, 04 Aug 2022 00:00:00 -0600

Psychological Testing in Colorado Custody Cases: What PEs, CFIs, and Lawyers Need to Know

In this episode of Divorce at Altitude, Colorado family law attorney Ryan Kalamaya and Amy Goscha welcome back John Zervopoulos to unpack one of the most misunderstood topics in Colorado custody litigation: psychological testing in Parenting Responsibilities Evaluations (PREs). John is uniquely qualified to explain this issue from both sides, as a licensed psychologist and a licensed attorney who consults with lawyers on mental health evidence, expert reports, and testimony in parenting disputes.

Ryan and John explain the key difference between a CFI (Child and Family Investigator) and a PRE in Colorado. CFIs cannot perform psychological testing, while PREs may include testing when conducted by a qualified psychologist. The conversation focuses on how tests like the MMPI, PAI, and MCMI are actually used, why they are not “mental health X-rays,” and how test results must be interpreted alongside interviews, collateral information, and case facts.

Guest Information

John Zervopoulos is both a licensed psychologist and a licensed attorney. He has experience conducting child custody evaluations and now consults with family law attorneys to help them understand mental health issues, manage psychological evidence, and evaluate the strengths and weaknesses of expert reports and testimony.

Episode Outline

PRE vs CFI in Colorado Parenting Disputes
Why PREs can include psychological testing and CFIs generally cannot, and how testing may be outsourced.

Why Psychological Testing Is Not an X-Ray
Test results do not “prove” diagnoses like bipolar disorder or narcissism and must be interpreted in context.

What Psychological Tests Are Common in Custody Evaluations
Overview of common tools such as MMPI, PAI, MCMI, and the difference between tests and screening inventories.

The Three-Legged Stool Framework
How evaluators combine interviews, testing, and collateral sources to form opinions, and what happens when one leg is weak.

Six Keys for Understanding Test Results
Response style, standardization samples, reliability, validity, sensitivity/specificity, and computer-generated reports.

Risks of Overreliance on Computer Interpretations
How canned language can appear scientific while still requiring clinical judgment and outside verification.

What is Divorce at Altitude?

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Co-Parent Coaching with Jackie Deam | Episode 117

Thu, 28 Jul 2022 00:00:00 -0600

Co-Parenting Coaching in a Colorado Divorce: Tools, Communication, and Kids First

In this episode of Divorce at Altitude, Colorado family law attorneys Ryan Kalamaya and Amy Goscha sit down with co-parenting coach and mediator Jackie Deam to talk about co-parenting during and after a Colorado divorce. When kids are involved, parenting plans are only part of the solution. The bigger challenge is communication, conflict, and how parents show up in a new lifelong partnership.

Ryan and Jackie break down what a co-parenting coach does, how coaching differs from therapy, and why many parents need a team to make better decisions during separation. Jackie offers practical strategies like transition emails, communication audits, quarterly co-parent “business meetings,” and child-centered messaging. The goal is not perfection. The goal is reducing conflict, protecting kids, and building a workable co-parenting relationship that lasts beyond age 18.

Guest Information

Jackie Deam is a Colorado-based co-parenting coach, mediator, and attorney. She began her career as an elementary school teacher, earned her law degree from Pepperdine, and worked in child advocacy before moving to Colorado. She previously served as a family court facilitator in Colorado’s Ninth Judicial District and now supports families through mediation and co-parenting coaching.

Episode Outline

Jackie’s Path: Teacher to Attorney to Co-Parenting Coach
How her experience in education and child advocacy shaped her approach to co-parenting support.

The Child of Divorce Perspective
Why divorce itself does not harm children, but ongoing conflict and putting kids in the middle can.

What a Co-Parenting Coach Does
A practical definition of co-parent coaching and why it can support parents during and after divorce.

Solo Coaching vs Joint Co-Parent Coaching
How coaching helps even when only one parent is willing to participate, with a focus on controlling the controllable.

Communication Tools That Reduce Conflict
Transition emails, communication audits, child-centered language, co-parenting apps, and structured “business meetings.”

Resources for Parents
Recommended parenting tools and education, including positive discipline frameworks and child development guidance.

What is Divorce at Altitude?

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Forensic Accounting & the Divorce Money Guide with Tracy Coenen, CPA | Episode 116

Thu, 21 Jul 2022 00:00:00 -0600

Divorce Money Guide: How to Spot Hidden Assets and Financial Red Flags

In this episode of Divorce at Altitude, hosts Ryan Kalamaya and Amy Goscha are joined by forensic accountant Tracy Coenen to discuss hidden assets, financial red flags, and how forensic accounting plays a critical role in a Colorado divorce. Many spouses, like the hypothetical “Melanie Wolf,” worry about a partner controlling the finances or hiding money during divorce. Tracy explains what a forensic accountant actually does, how bank statements and credit card records are analyzed, and when it makes financial sense to hire an expert. With typical forensic accounting costs ranging from $10,000 to $25,000, not every divorce case can justify a full investigation.

That’s why Tracy created the Divorce Money Guide, a practical, step-by-step resource designed for spouses who suspect hidden assets but cannot afford a forensic accountant. The guide walks listeners through financial discovery, identifying red flags such as unusual cash withdrawals, missing bank statements, backdated documents, and sudden changes in financial behavior.

Guest Information

Tracy Coenen is a Milwaukee-based forensic accountant with more than 25 years of experience in fraud investigations and financial analysis. She works nationwide on divorce and corporate fraud cases and is the creator of the Divorce Money Guide.

Episode Outline

What Does a Forensic Accountant Do in Divorce?
Tracing bank accounts, credit cards, business records, and cash transactions to uncover hidden assets or improper spending.

When Is Forensic Accounting Worth the Cost?
Understanding the financial threshold and balancing expert fees with potential recovery.

Top Financial Red Flags in Divorce
Unusual cash withdrawals, disappearing statements, hidden accounts, excessive spending, and financial control tactics.

The Divorce Money Guide Explained
A 10-step system that empowers spouses to gather financial documents, assess fraud risk, and work more effectively with their divorce attorney.

Peace of Mind Through Financial Knowledge
Why understanding your financial picture is critical in any Colorado divorce, even if no fraud is ultimately found.

What is Divorce at Altitude?

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Take the High Road with Andy Heller | Episode 115

Thu, 14 Jul 2022 00:00:00 -0600

Take the High Road: Divorce with Compassion for Yourself and Your Family

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Andy Heller, author of Take the High Road: Divorce with Compassion for Yourself and Your Family. Andy shares valuable insights from his own divorce journey and how his book can guide others through the emotional and logistical challenges of divorce. With practical tips, stories, and expert advice, Andy discusses how to navigate difficult conversations, protect your children, and achieve a healthier post-divorce life. His approach focuses on the importance of communication, understanding, and empathy, providing a roadmap for managing the divorce process while minimizing emotional harm.

Guest Information:
Andy Heller is the author of Take the High Road: Divorce with Compassion for Yourself and Your Family. With a background in business and real estate investing, Andy brings a unique perspective to the divorce process. After going through his own divorce, Andy recognized a gap in the self-help space for those navigating divorce and wrote this book as a give-back effort to help others avoid common pitfalls.

Episode Outline:

Introduction to Andy Heller and His Book
Ryan and Andy introduce Andy’s journey and why he decided to write Take the High Road: Divorce with Compassion for Yourself and Your Family.

The Role of Empathy and Personal Experience in Writing the Book
Andy shares how his personal divorce experience led to the creation of his book.

How Divorce Affects Communication and Decision-Making
The impact of stress and emotion on decision-making during divorce.Andy’s advice on how to manage emotional responses and focus on practical solutions.

The Importance of Therapy and Co-Parenting Coaches
Andy discusses the role of therapy and co-parenting coaches in navigating the divorce process, especially for children.

Mistakes to Avoid During Divorce Negotiations
Common mistakes people make during divorce negotiations, such as lacking focus or allowing emotions to dictate decisions.

The Role of Co-Parenting and Maintaining a Healthy Relationship Post-Divorce
The importance of maintaining a cooperative relationship with your ex-spouse for the well-being of the children.

What is Divorce at Altitude?

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Calculating Net Spendable Income with Boris Sobolev | Episode 114

Thu, 07 Jul 2022 00:00:00 -0600

Understanding Net Spendable Income in Divorce: Insights from a Financial Expert

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by financial expert Boris Sobolev from Cornerstone CPA Group to discuss the critical concept of net spendable income in the context of divorce. As part of the financial analysis that impacts alimony (maintenance) and child support, Boris explains the complex process of determining an individual’s true disposable income, including how to account for taxes, required expenses, and business income. They also delve into the importance of business valuations and how these elements come into play when determining fair financial obligations in a divorce. This episode provides essential insights for anyone involved in a divorce case, especially when complex financial issues are at stake.

Guest Information:
Boris Sobolev is the Managing Partner of Cornerstone CPA Group, a Denver-based firm specializing in divorce-related financial services. With nearly two decades of experience, Boris is an expert in business valuations, gross income determination, forensic accounting, and the analysis of trust interests. He regularly works with divorce attorneys to evaluate income sources, determine net spendable income, and provide expert testimony in high-net-worth divorce cases.

Episode Outline:

Introduction to Net Spendable Income in Divorce
Ryan and Boris introduce the topic of net spendable income and its importance in divorce cases.

What is Net Spendable Income?
Definition of net spendable income in the context of divorce.

The Relationship Between Business Valuations and Net Spendable Income
How business valuations are tied to determining an individual’s income in divorce cases.

Retained Experts vs. Joint Experts
Differences between retained experts hired by one party vs. joint experts in divorce cases.

Factors Affecting Net Spendable Income
Common deductions in a net spendable income analysis: taxes, health insurance, debt service, and child support.

Real-Life Examples of Net Spendable Income Analysis
Case scenarios of business owners, including real estate brokers and doctors, who have varying income sources.

Challenges in Determining Maintenance and Support
How net spendable income impacts decisions around spousal maintenance (alimony) and child support.

What is Divorce at Altitude?

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Navigating a High-Conflict Divorce with Dr. Les Katz | Episode 113

Thu, 30 Jun 2022 02:00:00 -0600

No divorce is easy, but some are a lot more challenging than others. Exceptionally difficult divorces are referred to as high conflict, and in today’s episode, we are joined by an expert on this topic, Dr. Les Katz. Les is a psychologist who spent many years as a therapist working with families, and who now focuses on conducting evaluations to determine which actions would be in the best interests of the children in a divorce case.

Children are very negatively affected by destructive conflict (as opposed to constructive conflict, which is actually beneficial for children to witness), and the impacts of a high conflict divorce can result in major internal (such as depression) and/or external (such as aggression) problems. Listen today to hear the common causes of a high conflict divorce, the importance of always listening to both parent’s story before jumping to conclusions, the role of medical professionals in a high conflict divorce, and what you can do to make things easier on your children if you are going through a high conflict divorce yourself!

Key Points From This Episode:

The trajectory of a “normal” divorce (as opposed to a high conflict divorce).
Characteristics that can be used to identify a high conflict divorce.
Three common causes of a high conflict divorce (according to the Impasses of Divorce theory).
The importance of being open to both parents’ side of the divorce story.
Emotions that people commonly experience when dealing with a divorce.
Exploring constructive versus destructive conflict.
Examples of the impacts that destructive conflict can have on children.
The role of mental health professionals in high conflict divorces.
Why parents should get to know an evaluator prior to hiring them.
Navigating parental relocation in a high conflict divorce.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injury, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

What is Divorce at Altitude?

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Measuring Value in Trust Interests and Expert Witnesses on Trusts with Gerard Deffenbaugh, Esq. | Episode 112

Thu, 23 Jun 2022 00:00:00 -0600

Trust Interests and Property Division in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by estate planning expert Gerard Deffenbaugh to explore the complexities of trust interests in Colorado divorce cases. They delve into the key aspects of how trust interests can be categorized as property, whether separate or marital, and how to approach the valuation of these interests. With a focus on irrevocable trusts, powers of appointment, and discretionary trusts, Gerard shares valuable insights on navigating these financial complexities in divorce proceedings, offering both legal and practical perspectives for attorneys and clients alike.

Guest Information:
Gerard Deffenbaugh is an experienced estate planning attorney based in Denver. He specializes in estate planning, trust administration, and divorce cases involving trust interests. Gerard regularly consults with divorce attorneys, offering expert opinions on the valuation and division of trust interests, including handling complex issues such as powers of appointment and mandatory income interests.

Episode Outline:

Introduction to Trust Interests in Divorce
Overview of the role trust interests play in Colorado divorces.

What Are Trust Interests?
Understanding what constitutes a trust interest and how it can affect property division.

Irrevocable Trusts and Remainder Interests
Explanation of irrevocable trusts and what a remainder interest means.

The Impact of Trust Terms on Property Division
Key considerations when determining the marital property component of trust interests.

Powers of Appointment in Trusts
Defining powers of appointment and how they affect the distribution of trust assets.

Discretionary vs. Mandatory Income Trusts
Understanding discretionary trust interests and how trustees control income distributions.

Contingencies and Valuation in Trust Interests
The concept of contingencies in trust interests and their impact on valuation.

Valuation of Trust Interests in Divorce
How estate planning experts work with valuation experts to assess trust assets.

Practical Considerations for Dividing Trust Interests
How divorce attorneys can navigate the complexities of trust interests and property division.

What is Divorce at Altitude?

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What to do with Stock Options in a Divorce with Kenneth Naes | Episode 111

Thu, 09 Jun 2022 00:00:00 -0600

Navigating Stock Options in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by financial expert Ken Nayes, CPA at Cornerstone CPA Group, to discuss the complexities of valuing and dividing stock options during divorce. They explore the key issues surrounding stock options in divorce cases, including how vesting periods, taxes, and company valuation can impact the division of assets.

Ken shares his insights into how divorce attorneys and financial experts assess the value of stock options, both for publicly traded and privately held companies, and how to navigate the challenges of allocating these assets between spouses.

Guest Information:
Ken Nayes is a financial expert and CPA at Cornerstone CPA Group, specializing in business valuation and divorce financial matters. With extensive experience in dealing with closely held businesses, complex financial issues, and executive compensation, Ken provides invaluable assistance in valuing stock options, determining the marital and separate portions of these assets, and understanding the tax implications of stock compensation during divorce proceedings.

Episode Outline:

Introduction to Stock Options in Divorce
Overview of stock options and why they matter in divorce cases.

What Are Stock Options?
Defining stock options, strike price, and vesting periods.

Public vs. Private Companies
Differences in valuing stock options for publicly traded versus privately held companies.

The Vesting Process and Risk
How vesting schedules affect the valuation of stock options.

Valuation of Stock Options
The process of valuing stock options during divorce, including the time rule for marital and separate property.

Tax Implications of Stock Options
How taxes impact the value of stock options and why they are important in a divorce settlement.

In-Kind Distribution of Stock Options
What happens when stock options are awarded in an in-kind distribution during divorce?

Practical Considerations in Divorce Cases Involving Stock Options
Real-life examples of how stock options are treated in high-asset divorces.

Conclusion and Key Takeaways
Final thoughts on how to approach the division of stock options in divorce.

What is Divorce at Altitude?

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Witness Preparation in a Divorce Case with Jessica Brylo | Episode 110

Fri, 03 Jun 2022 02:00:00 -0600

Witness Preparation in Divorce: Insights from an Expert

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Jessica Brylo, a seasoned litigation consultant and expert in witness preparation. Together, they dive into the crucial role of witness preparation in divorce cases, focusing on how witnesses should present themselves during evaluations, depositions, and court hearings. Jessica explains how emotional triggers, biases, and effective communication can significantly influence the outcome of a case.

With her expertise, Jessica provides invaluable strategies for ensuring that witnesses—especially those dealing with anger, anxiety, or high conflict—are well-prepared to navigate the high-stress environment of divorce proceedings.

Guest Information:
Jessica Brylo is a litigation consultant and the owner of Trial Dynamics, a national trial consulting firm specializing in helping clients in both civil and family law cases. She holds both a master's degree and a Juris Doctor (JD) and has a wealth of experience in trial consulting. Jessica is particularly renowned for her work in preparing clients for high-stakes family law cases, including divorce and custody battles.

Episode Outline:

Introduction to Witness Preparation
Overview of the importance of witness preparation in divorce cases.

Why Presentation Matters in Divorce
Discussing the significance of how clients present themselves in a divorce case, particularly in front of a judge and parenting evaluators.

Biases and First Impressions
How biases impact family law cases and the importance of making a positive first impression during parenting evaluations and divorce hearings.

Emotional Triggers and Their Impact
Identifying emotional triggers like anger and anxiety and strategies to reframe emotions for more effective testimony.

Common Pitfalls in Witness Testimony
Analyzing common mistakes witnesses make, such as oversharing or becoming too emotional, and how to avoid them.

Techniques for Effective Communication
How to answer questions clearly and avoid getting sidetracked during cross-examination.

Real-Life Examples of Testimonial Success
Jessica shares case studies and examples where effective witness preparation made a significant difference in the outcome of a divorce case.

What is Divorce at Altitude?

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Illiquid Assets & Divorce | Episode 109

Mon, 30 May 2022 07:00:00 -0600

Divorce and Illiquid Assets in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya discusses the complexities of dividing illiquid assets during a Colorado divorce. Using a hypothetical example of Eric and Melanie, who are splitting $10 million in assets, with $7.5 million in the form of a patent, Ryan explores how illiquid assets like patents, real estate, and rare collections can impact property division. He explains the concept of liquidity, how assets are valued, and how a divorce court may deal with assets that are not easily liquidated.

Ryan walks through practical issues faced by spouses when one party holds illiquid assets and the strategies used to ensure fair property division, including using payment schedules or property offsets. He emphasizes the need for careful planning and consideration of liquidity, taxes, and timing in divorce settlements.

Episode Outline:

Introduction to Illiquid Assets in Divorce
Overview of illiquid assets and how they affect property division in Colorado divorces.

Liquidity Defined
Explanation of liquidity with real-world examples, including rare book collections and patents.

Examples of Illiquid Assets
Common examples such as houses, cars, art, and private business interests that are often involved in high-asset divorces.

How Courts Handle Illiquid Assets
Understanding how divorce attorneys and courts approach the division of illiquid assets.

Dealing with Patents and Other Intellectual Property
Case study of a $7.5 million patent and how such assets may be handled in a divorce, including offset payments.

Impact on Divorce Agreements
The role of timing, liquidity, and taxes in negotiating property settlements and payments.

Final Considerations
Practical tips for managing and negotiating the division of illiquid assets to ensure a fair divorce settlement.

What is Divorce at Altitude?

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Revisiting Invalidating and Contesting Marital Agreements with Jim Bailey, Esq. | Episode 108

Fri, 27 May 2022 00:00:00 -0600

Invalidating and Challenging Marital Agreements in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by James Bailey, a prominent and experienced divorce attorney, to tackle the complex issue of challenging and invalidating marital agreements in divorce cases. They break down the critical elements that make or break the enforceability of these agreements, including financial disclosures, the concept of duress, and how voluntary agreements are determined.

Using a detailed hypothetical example of Eric and Melanie, Ryan and Jim delve into the real-world implications of marital agreements, exploring what can happen when one spouse contests the validity of the agreement. They discuss the legal framework surrounding marital agreements in Colorado, how courts assess their fairness and enforceability, and the pivotal role expert testimony plays in navigating these cases.

Guest Information:
James Bailey is an experienced divorce and family law attorney, specializing in high-net-worth divorce litigation and the challenges associated with marital agreements. He is known for his expertise in handling complex divorce cases, including those involving intricate financial disputes, business valuations, and the enforcement or invalidation of marital agreements. With his in-depth knowledge and strategic approach, James provides invaluable insight into navigating these high-stakes matters.

Episode Outline:

Introduction to Challenging Marital Agreements
Overview of the process when a premarital agreement is challenged during divorce, including the potential issues and risks.

Key Aspects to Examine
Key points to review in a premarital agreement such as signatures, financial disclosures, and validity concerns.

Voluntariness vs. Coercion
Exploring the distinction between voluntary agreements and those signed under duress or coercion.

Discovery Process and Legal Steps
The steps involved in gathering information to challenge a marital agreement, including requesting files and performing due diligence.

The Role of Experts in Divorce Cases
How expert testimony can help assess the validity of premarital agreements and how experts are involved in these cases.

The Impact of Invalidated Marital Agreements
What happens if a marital agreement is deemed invalid and how it impacts the division of assets, maintenance, and child support.

What is Divorce at Altitude?

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Tangible vs. Intangible Assets in a Divorce | Episode 107

Mon, 23 May 2022 11:00:00 -0600

Ryan Kalamaya defines tangible and intangible assets to help understand how the court decides to divide property in a Colorado divorce.

Key Points in This Episode

Defining "Property"
What is not "property."
- Term life insurance policy
- Leased vehicle
- Discretionary trust
- Gifts not yet received
- Social Security benefits (they can be an economic circumstance)
- Education degree (such as a law or medical degree)
- Military disability benefits
Tangible vs. Intangible
- Tangible:
  - real estate
  - cash
  - bank accounts
  - investment accounts
  - cryptocurrency
  - retirement plans
  - furniture
  - Household goods
  - Automobiles
  - Livestock
  - Gold
  - Art
  - Wine
Grey area - NFT for tangible assets
Intangible
- Cryptocurrency
- Franchises
- Patents
- Copyrights
- Mineral rights
- Goodwill in a business
Division of property can be impacted if, for example, the marital estate is 75% of intangible assets.

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting.

Ryan Kalamaya, one of the founding partners of innovative law firm Kalamaya | Goscha, has created a simple, step by step guide to the Colorado divorce process, so you know what to expect and how to best protect yourself and your assets.

Each 5-minute episode will cover the process for divorce, parenting in a divorce, property division, and more. To watch the videos of each episode, click here.

About Kalamaya | Goscha

Kalamaya | Goscha is an innovative law firm with an award-winning team of trial lawyers specializing in highly personal disputes — divorce, child custody, property division, maintenance/alimony, pre-marital and marital agreements, and collaborative divorce — in Colorado. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

What is Divorce at Altitude?

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Executive Compensation in a Divorce | Episode 106

Thu, 19 May 2022 07:00:00 -0600

Ryan Kalamaya explains what happens in a divorce if part of your income consists of stock options, restricted stock units (RSUs), restricted stock and deferred compensation.

Key Points:

Income vs. Property
Look at the contract to see if there is a presently enforceable right.
It is true, however, to state that vested options during the marriage is property
How timing is important when it comes to these issues
For exec comp when there is a combo of marital and separate, there are a couple different ways to divide the income
Different Valuation Methods used Similar to Episode 73 with dividing qualified retirement plans in a divorce
- Present valuation
- Deferred Distribution
- Retained Jurisdiction
For more info:

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting.

What is Divorce at Altitude?

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High Asset Divorces in Colorado | Episode 105

Thu, 12 May 2022 00:00:00 -0600

High Asset Divorces: Unique Issues and Challenges

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the complexities of High Asset Divorces, focusing on issues like valuation of assets, property division, and the involvement of experts. Ryan explains how high-value assets such as real estate, closely held businesses, and trusts complicate divorce proceedings, requiring special attention to detail.

The discussion also covers the role of prenups, maintenance, child support, and the importance of private judges in maintaining privacy and efficiency. The episode provides invaluable insight for both attorneys and clients navigating these high-stakes divorce cases.

Episode Outline:

Defining High Asset Divorce
Overview of the $5-10 million threshold and what constitutes a high asset divorce.

Challenges with Asset Valuation
Complexities in valuing real estate, closely held businesses, and private investments.

Estate Planning & Trust Interests
The role of estate planning in High Asset Divorces and the impact of trusts and life insurance policies.

Marital vs. Separate Property
How to determine whether assets are marital or separate and their impact on the division of property.

The Liquidity Issue
Challenges in paying equalization payments and the role of liquidity in High Asset Divorces.

Unique Parenting Issues
Parenting concerns in High Asset Divorces, including private school, travel, and child support.

Role of Experts
Financial experts, forensic accountants, and appraisers in complex divorce cases.

Maintaining Privacy
Options like private judges and arbitrators to ensure privacy and efficiency in High Asset Divorces.

Handling Complex Legal Issues
The involvement of third parties like business partners and asset protection strategies in divorce cases.

What is Divorce at Altitude?

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Using Technology in Modern Family Law Firms | Episode 104

Fri, 06 May 2022 06:00:00 -0600

The Modern Family Law Firm: Adapting to New Challenges

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha dive into what defines a "modern" family law firm. As the legal industry evolves, they discuss how technology, automation, and new legal programs are reshaping the way family law is practiced.

With their own firm's experiences as a backdrop, Ryan and Amy explore how lawyers can embrace digital tools, adapt to changing client expectations, and implement efficient workflows that promote work-life balance. They also touch on the rise of alternative legal services, such as the LLP program, and how these innovations are bridging the gap in access to justice. The episode offers valuable insights for legal professionals seeking to stay competitive in an ever-changing landscape.

Episode Outline:

Embracing Technology in Law
The role of digital tools and virtual platforms in modernizing family law practices.

The Modern Firm Mindset
Shifting from traditional practices to digital-first approaches while maintaining quality client service.

The Importance of Work-Life Balance
How the modern firm integrates flexibility and well-being for lawyers and staff.

Automation in Legal Workflows
Streamlining repetitive tasks to enhance efficiency and reduce overhead.

Client Communication in the Digital Age
The importance of regular check-ins and the shift towards virtual consultations.

Flexible Legal Models: Limited Scope & Flat Fees
The rise of alternative fee structures and how they improve client accessibility.

Managing Digital Evidence and Documents
Tips for maintaining organization and managing electronic case files effectively.

Virtual Hearings & Mediation
How remote hearings are changing the dynamics of family law cases and improving access to justice.

What is Divorce at Altitude?

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Property Division Payments, Promissory Notes & Securing IOUs | Episode 103

Mon, 02 May 2022 07:00:00 -0600

Property Division and Equalization Payments in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya discusses the complexities of property division payments, focusing on a hypothetical case involving Eric and Melanie Wolfe. Ryan explains the legal considerations when one party owes a significant payment to the other after dividing assets in a divorce, emphasizing promissory notes, security, and how these payments are structured.

He provides an overview of the different options available, including interest rates, amortization schedules, and potential security measures like liens or life insurance to ensure payment.

Episode Outline

Understanding Property Division Payments
Ryan discusses what property division or equalization payments are, especially in high-value divorces, and why they are critical to a fair division of assets.

Promissory Notes and Terms
The role of promissory notes in ensuring a fair and enforceable property division payment is explained, including interest rates and repayment schedules.

Interest Rates and Repayment Terms
How to structure payments, including options for interest-only payments, amortization, or balloon payments, and the potential tax implications of these arrangements.

Collateral and Security for Payments
The importance of securing payments with collateral, such as liens on property or businesses, and how life insurance can secure payments in case of death.

Options for Post-Divorce Buyouts
Ryan explains the potential for buyout agreements after the divorce is final, including the need for amendments to the separation agreement to avoid tax issues.

What is Divorce at Altitude?

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LLP Programs and Access to Justice in Colorado with Maha Kamal | Episode 102

Thu, 28 Apr 2022 00:00:00 -0600

Understanding Limited License Paraprofessionals (LLPs) in Family Law

In this episode of Divorce at Altitude, Amy Goscha is joined by Maha Kamal, founder of the Colorado Family Law Project, to discuss the role and impact of Limited License Paraprofessionals (LLPs) in Colorado family law. Maha explains the history and current status of the LLP program, its purpose in improving access to justice, and how it provides a middle ground between paralegals and attorneys.

The discussion explores the process to become an LLP, the cap on assets for which they can provide services, and how this initiative can help those who cannot afford traditional legal representation. Maha also shares her perspective on the future of the LLP program and its potential to revolutionize the way family law services are delivered, especially in divorce and custody cases.

Guest Information

Maha Kamal is a family law attorney and founder of the Colorado Family Law Project. With a focus on making legal services more accessible, she has been instrumental in the development of Colorado's LLP program. Maha’s work includes providing sliding scale services and advocating for greater access to legal representation for individuals unable to afford traditional legal fees.

Episode Outline

What is an LLP?
Maha explains the concept of Limited License Paraprofessionals (LLPs), their role in family law, and how they differ from traditional attorneys and paralegals.

Access to Justice
Discusses how the LLP program addresses the access to justice crisis by providing affordable legal services to individuals who otherwise would not be able to afford a lawyer.

The LLP Program's History and Development
Maha shares the journey of the LLP program, from its inception in 2015 to its current implementation phase, and how it aims to make family law more accessible.

LLP's Role in Family Law Cases
Maha explains the types of family law cases LLPs will handle, focusing on simple divorce cases and custody matters, while outlining the restrictions they face regarding complex litigation.

The $200,000 Asset Cap
Discusses the asset cap for LLPs in divorce cases and how it ensures that LLPs handle only simpler cases with fewer financial complications.

The LLP Qualification Process
Maha describes the educational and licensing requirements for LLPs, including exams, supervised work, and the training that prepares them to provide legal services under limited scope.

Future of the LLP Program
Talks about the potential growth and impact of the LLP program in Colorado, and how it could serve as a model for other states aiming to improve access to family law services.

What is Divorce at Altitude?

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Non-Disclosure of Assets in a Divorce | Episode 101

Mon, 25 Apr 2022 00:00:00 -0600

Dealing with Undisclosed Assets in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya dives into the complex issue of undisclosed assets during a divorce. Using a hypothetical case involving Eric and Melanie Wolfe, he explores the serious consequences when a spouse fails to fully disclose their assets, such as a hidden Bitcoin account or offshore funds.

Ryan explains the legal steps involved in uncovering these assets, the role of financial transparency in a fair divorce process, and how Colorado law offers remedies for victims of financial deceit. He also discusses what options are available if assets are discovered after the divorce is finalized, emphasizing the importance of full disclosure to avoid lengthy and costly legal battles down the line.

Episode Outline

Duty of Disclosure
Overview of Colorado’s Rule 16.2 on financial disclosure requirements in divorce.

Hidden Assets
What happens if assets like a Bitcoin account are hidden during the divorce process?

Non-Disclosure Impact
Legal consequences when assets are not disclosed, including property division and remedies.

Rule 60 & Rule 16.2
How Rule 60 and Rule 16.2 provide options for recovering undisclosed assets within a specific timeline.

Recovering Hidden Assets
Steps for uncovering and valuing hidden assets in a divorce.

Preventing Future Disputes
How to ensure full financial disclosure to avoid post-divorce issues.

What is Divorce at Altitude?

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Juvenile Delinquency Issues in Divorce Cases with Elizabeth Hardman | Episode 100

Thu, 21 Apr 2022 00:00:00 -0600

Divorce at Altitude: Juvenile Delinquency and Family Law in Colorado

In this episode of Divorce at Altitude, Amy Goscha is joined by Elizabeth Hardman, a family law attorney at Kalamaya | Goscha, to discuss the intersection of juvenile delinquency and family law. Elizabeth shares insights on how juvenile issues can impact family law cases, including the role of juvenile defense attorneys, the complexities of handling a juvenile case, and the potential consequences for parents involved in such proceedings.

Guest Information

Elizabeth Hardman is a family law attorney at Kalamaya | Goscha. She has extensive experience in juvenile law and criminal defense, having worked as a public defender in Weld County and specializing in juvenile delinquency cases.

Episode Outline

What is Juvenile Delinquency?
Elizabeth explains juvenile delinquency, where minors are accused of committing acts that would be crimes if done by adults, typically involving children between the ages of 10 and 17.

Key Players in Juvenile Cases
Overview of the key figures in juvenile court, including defense attorneys, prosecution, judge, and potential involvement of a DHS caseworker.

Juvenile Delinquency Process
A summary of the juvenile court process from detention hearings to advisement and the role of caseworkers in evaluating placements.

Impact on Family Law
How juvenile delinquency intersects with family law, particularly in divorce cases. Elizabeth emphasizes the importance of considering family dynamics, including issues like substance abuse.

Protecting Juvenile Rights
The importance of legal protections for juveniles, such as access to an attorney, and how statements can be protected from being used against them in family law cases.

Collaboration Between Courts
Elizabeth discusses the need for coordination between juvenile and family courts to ensure that the child's best interests are prioritized in both systems.

Advice for Parents
Tips for parents navigating juvenile delinquency cases, focusing on legal representation and protecting the child’s interests.

What is Divorce at Altitude?

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Business Partners Going Through a Divorce | Episode 99

Mon, 18 Apr 2022 00:00:00 -0600

Divorce at Altitude: Business Partners and Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya dives into the complexities that arise when business partners go through a divorce in Colorado. He discusses important legal considerations for co-owners of a business, like Eric and Melanie Wolfe, who are not only spouses but also business partners in a software company. Ryan explains the legal implications of how the business should be handled during a divorce and what steps both parties need to take to protect their interests.

Episode Outline

Business Ownership and Divorce in Colorado
Ryan explains Colorado's public policy against co-owning a business after divorce, highlighting how courts address disputes over who gets the business.

Timing and Strategy in Business Decisions
The importance of taking time to think through business decisions during a divorce. Ryan advises Eric and Melanie to avoid knee-jerk reactions when it comes to dividing the business.

Involving Employees and Suppliers
The best practices for managing employees, suppliers, and clients during a divorce. Ryan emphasizes discretion and recommends a business coach or arbitrator to help navigate communication with staff.

Avoiding Personal Affairs Affecting the Business
The impact of personal issues, such as an affair, on the business and why it’s important to refrain from involving employees in personal matters during a divorce.

Transparency in Business Operations
Ryan highlights the importance of transparency in business decisions and advises Eric to loop in Melanie when making key business decisions during the divorce.

Preventing Business Dissipation
The risks of intentionally running down the business to gain an advantage in the divorce and how it can hurt both parties in the long term.

Maintaining Business Records
Ryan stresses the importance of keeping clear business records, ensuring transparency, and keeping an accountant in the loop during a divorce.

Private Judges and Arbitration for Business Divorce
Ryan discusses the benefits of hiring a private judge or arbitrator for cases involving business ownership, ensuring confidentiality and providing more time for critical issues.

What is Divorce at Altitude?

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Work-Product Experts in Custody Evaluations with Dr. Andrew Loizeaux | Episode 98

Thu, 07 Apr 2022 00:00:00 -0600

Dealing with Work Product Experts in Parenting Evaluations

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Dr. Andrew Loizeaux, a licensed clinical psychologist, to discuss the role of work product experts in parenting and custody evaluations. They explore how work product reviews can identify strengths and weaknesses in child and family investigator (CFI) reports, and how these reviews are used in custody cases to support or challenge recommendations.

Dr. Loizeaux, with over 30 years of experience and 400+ parental responsibility evaluations, explains how work product experts analyze CFI and parenting evaluation reports. He highlights how these experts examine whether the evaluator followed proper procedures and whether their recommendations align with the court's standards and questions.

Guest Information

Dr. Andrew Loizeaux is a licensed clinical psychologist based in Colorado, specializing in parental responsibility evaluations. He has conducted over 400 child and family investigations and has been an expert witness in many family law cases. Dr. Loizeaux is also known for training child and family investigators and has extensive knowledge of the ethical standards in family law.

Episode Outline

What is a Work Product Expert?
Dr. Loizeaux defines the role of a work product expert and how they evaluate CFI and parenting evaluation reports.

The Work Product Review Process
An overview of how work product experts analyze the report, look at the underlying data, and identify weaknesses in the recommendations.

Options After an Adverse Report
Dr. Loizeaux explains how clients, such as Eric Wolf in a hypothetical case, can challenge a CFI report, including petitioning the court or requesting a supplemental evaluation.

Common Mistakes in Parenting Evaluations
Discussion on common errors in reports, such as failure to apply the correct legal criteria or the use of overly broad recommendations.

Instructional Experts in Family Law
The role of instructional experts in providing guidance on complex family law issues like relocation and substance abuse monitoring.

When to Hire a Work Product Expert
Dr. Loizeaux offers advice on the best time to bring in a work product expert and how they can support your case.

What is Divorce at Altitude?

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Tax Implications in a Colorado Divorce | Episode 97

Mon, 04 Apr 2022 02:00:00 -0600

The Impact of Taxes on Property Valuations in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya explores how taxes can significantly impact property valuations in a Colorado divorce. Using a hypothetical example involving Eric and Melanie Wolf, Ryan explains how transfers of property, including real estate and retirement accounts, can be taxed, and how this affects the divorce process.

He provides clarity on important tax-related issues, such as the tax basis of property being transferred in a divorce, the potential for hidden tax liabilities in stock portfolios, and the complexities surrounding retirement accounts. Ryan also dives into tax loss carryforwards and various types of tax implications, helping listeners understand how taxes play a crucial role in property division during divorce.

Episode Outline

What is a Taxable Event in Divorce?
Ryan explains when a transfer of property between spouses is not considered a taxable event and when tax implications arise in Colorado divorces.

How Taxes Affect Property Valuations
Discussion of how the tax basis of transferred property, such as a down payment on a house or stock portfolio, affects the valuation process in a divorce.

The Role of Gift Tax and Written Agreements
Ryan talks about the importance of having a written agreement and the role of gift tax considerations in determining whether money or property is a gift or a loan in divorce cases.

The Impact of Retirement Accounts and Pensions
Ryan discusses how taxes apply to retirement accounts like 401(k)s and pensions in a divorce and how these can affect the overall financial settlement.

Hidden Tax Liabilities in Investments
Understanding how capital gains taxes, depreciation, and other factors affect the value of investments, such as real estate or stocks, during divorce.

Tax Loss Carryforwards in Divorce
Ryan explains the concept of tax loss carryforwards and how these can impact the financial settlement in a divorce, especially for business owners or those with significant investments.

When to Involve Expert Witnesses
Ryan emphasizes the importance of expert witnesses, such as tax professionals and valuation experts, to help navigate complex tax-related issues in divorce cases.

What is Divorce at Altitude?

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The Difference Between CFIs and PREs and the Role of an Attorney CFI with Erika Gebhardt | Episode 96

Thu, 31 Mar 2022 00:00:00 -0600

Following Episode 91 on PREs, this week, we are talking about Child and Family Investigators (CFIs). We are honored to have attorney CFI, Erika Gebhardt, here to talk us through this arm of the court and outline the process that follows from the time she takes on a case.

For the first five years of her practice, Erika focused almost exclusively on litigating family law matters, during which time she realized that she was passionate about cases involving children. She then became a CFI and is trained in the collaborative dissolution process. She is also a Parenting Coordinator and Decision-Maker (PCDM), as well as a Child Legal Representative (CLR).

She currently runs a medium-sized family law firm, Gebhardt Emerson Moodie Bonanno, LLC, and focuses her efforts on creative solutions for families rather than taking their issues into the courtroom, where a judge must decide, in a relatively short space of time, on issues that can have significant long-term consequences on a child’s wellbeing. In today’s episode, we dive into the details: hear the difference between a CFI and a PRE, the fees and cap of a CFI, and how the report and recommendations function, as well as how relocation cases work, and so much more! We hope you’ll join us for another informative episode aimed at helping you navigate divorce, separation, and co-parenting in Colorado.

Key Points From This Episode:

What a CFI is and how they differ from a PRE.
Erika talks us through the process that follows after she is appointed to a case.
Balancing out any potential bias that's created by who she meets with first.
The intake packet she works with and the witnesses that could be called.
How neutral collaterals like teachers and counselors are often the most helpful to the judge.
How Erika discerns additional witnesses to give what she needs.
Why her firm has two CFIs on each case.
Setting up the report and recommendations to give both parents something to work with.
The ways that CFI investigations are limited when it comes to mental health diagnosis.
Discussing the cap on CFI fees and the only times when they go above this.
The challenges of being a CFI.
Why attorney CFIs in particular are very sought after.
Talking about relocation cases and the different ways that that process works.
The importance of making sure that your CFI is registered with the county that you're in.

What is Divorce at Altitude?

If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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What is Divorce at Altitude?

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What Happens When a Party Claims they Borrowed Money from a Friend or Family Member | Episode 95

Mon, 28 Mar 2022 00:00:00 -0600

What Happens When a Party Claims Borrowed Money in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya dives into the complex issue of when one party in a Colorado divorce claims that they borrowed money from a family member or friend, particularly in relation to large marital assets like a home. Using the example of Eric and Melanie Wolf, Ryan explains how the court will evaluate whether a claimed loan, such as a down payment for a home, is a legitimate debt or a gift.

The episode covers key factors courts consider, including whether there was a written agreement, interest charged, payments made, and whether collateral was involved. Ryan also discusses how these factors are influenced by IRS guidelines and how Colorado courts adopt them in divorce cases.

Episode Outline

What is a Loan vs. Gift?
Ryan explains the legal difference between a loan and a gift in divorce cases and how courts evaluate claims of borrowed money.

Factors That Influence the Court’s Decision
The court considers multiple factors, such as written agreements, interest charged, and payments made to determine whether money is a legitimate debt or a gift.

The Role of Collateral and Promissory Notes
Ryan discusses how a promissory note or collateral, such as a deed of trust, affects the legitimacy of a loan in a divorce proceeding.

When the Court Considers Statute of Limitations
Ryan explores how the statute of limitations can impact the enforceability of a loan claim, especially if no payments have been made.

Jurisdictional Issues in Divorce vs. Separate Legal Actions
He explains when the divorce court has jurisdiction over loan claims and when separate legal action may be necessary.

Loans Forgiven After Divorce
Ryan touches on situations where loans are later forgiven and the complexities this introduces into the divorce proceedings, particularly when dealing with family loans.

What is Divorce at Altitude?

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Divorcing a Narcissist with Tracy Malone | Episode 94

Thu, 24 Mar 2022 00:00:00 -0600

Dealing with Narcissistic Abuse in Divorce: Insights from Tracy Malone

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Tracy Malone, a Boulder-based narcissistic abuse survival coach, author, and founder of Narcissist Abuse Support. Together, they discuss the challenges of navigating divorce when dealing with a narcissist, the tactics narcissists use, and how victims can protect themselves.

Tracy, a survivor of narcissistic abuse, shares her experiences and insights on how narcissists manipulate divorce proceedings, leaving their partners financially and emotionally drained. She emphasizes recognizing narcissistic behaviors early and understanding the different types of narcissists involved in divorce whether overt, covert, or "rich" or "poor" narcissists and how they impact the legal process.

Guest Information:

Tracy Malone is a narcissistic abuse survival coach, author, and founder of Narcissist Abuse Support. As a survivor herself, Tracy educates others on the psychological and emotional aspects of divorcing a narcissist. She offers coaching and resources for victims of narcissistic relationships.

Episode Outline

Understanding Narcissistic Personality Disorder
Tracy explains the different types of narcissists overt, covert, rich, and poor and their impact on divorce, including financial manipulation and abuse.

The Narcissist’s Tactics in Divorce
Explores the tactics narcissists use in divorce, such as stonewalling, financial manipulation, and false allegations.

The Victim’s Experience: Gaslighting and Emotional Abuse
Tracy discusses how narcissists use gaslighting and emotional abuse to destabilize their partners during divorce, making the process even more challenging.

Fighting Back: Protecting Yourself in Divorce
Advice on how to defend against narcissistic abuse, including recognizing red flags, building a strong legal team, and securing a clear and enforceable divorce agreement.

The Importance of a Support System
Emphasizes the importance of therapy, coaching, and support groups to help victims heal and regain control over their lives during and after a narcissistic divorce.

Moving Forward: Healing from Narcissistic Abuse
Tracy shares tips on self-regulation, emotional healing, and rebuilding life after leaving a narcissistic relationship, focusing on self-love and confidence.

What is Divorce at Altitude?

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Grandparent Rights in Colorado Custody Cases with Joel Pratt | Episode 93

Thu, 17 Mar 2022 09:00:00 -0600

Grandparent Rights in Colorado: Understanding Legal Standing and Custody Issues

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Joel Pratt, a seasoned family lawyer from Colorado Springs, to discuss the important legal topic of Grandparent Rights. They explore how grandparents can become involved in custody matters, the complexities of standing, and when they can intervene in family law cases, especially during divorce and custody disputes.

Joel provides insights into the legal concept of standing, which refers to a grandparent's ability to request visitation or even custody rights. He breaks down when and why grandparents might have standing, especially when parents are unable or unfit to care for their children.

Guest Information

Joel Pratt is a family law attorney based in Colorado Springs. He specializes in complex family law cases, including grandparent rights, parenting disputes, and complex custody issues. Joel has worked extensively with grandparents seeking visitation and custody, navigating both statutory and constitutional barriers to ensure that children have the support of their extended families during challenging times.

Episode Outline

What is Standing?
Explains the legal concept of standing and its role in grandparent rights cases. Discusses when a grandparent can request visitation or custody rights under Colorado law.

Grandparents' Rights in Different Scenarios
Examples of when grandparents may intervene, such as in cases of parental neglect, drug abuse, or when parents are very young or inexperienced.

The Constitutional Debate
How U.S. Supreme Court ruling in Troxel v. Granville influences grandparent rights.

Navigating Grandparent Custody Cases
The complexities of grandparent involvement in parenting decisions, including vaccines and other major life choices for children.

Understanding the Role of the Court
When can a grandparent step in to request custody or visitation? A deeper look at how Colorado courts handle these issues and the limitations on grandparent involvement.

Navigating Jurisdictional Issues
Explains how grandparent rights can be impacted by jurisdictional concerns, particularly when parents live in different states.

What is Divorce at Altitude?

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Future Contingent Beneficiary Interests in a Trust | Episode 92

Mon, 14 Mar 2022 00:00:00 -0600

Future Contingent Beneficiary Interests in a Trust and Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya explains how Future Contingent Beneficiary Interests in a Trust are treated in Colorado divorce proceedings. Using the hypothetical case of Eric and Melanie Wolf, Ryan discusses how trust interests that are contingent on future events—such as the passing of a relative—can complicate property division during divorce.

Ryan breaks down the three main methods used to address these interests: Deferred Distribution, Reserved Jurisdiction, and Net Present Value. He explains each method, including how they impact the division of marital and separate property, and the complexities involved, such as taxes and valuation.

The episode offers insights into how courts approach these issues and how parties might reach agreements to address future trust distributions in a divorce settlement.

Episode Outline

What is a Future Contingent Beneficiary Interest?
Understanding how future contingent interests in a trust are treated in divorce.

Deferred Distribution
How the court might delay property division until a future event (e.g., a relative's passing).

Reserved Jurisdiction
When the court may decide to set aside certain issues and address them at a later time.

Net Present Value
The most common method used to value future contingent interests, involving actuarial tables and financial experts.

Challenges in Valuation
The complexities of estimating future distributions, including estate taxes, return on investment, and the timing of distributions.

When to Seek Expert Help
The importance of valuation and estate experts in accurately addressing trust interests during a divorce.

What is Divorce at Altitude?

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A Public Health Crisis for Parental Responsibility Evaluations with Dr. Kathleen McNamara | Episode 91

Thu, 10 Mar 2022 00:00:00 -0700

Parental Responsibility Evaluators and Family Law: A Discussion with Dr. Kate McNamara

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Dr. Kate McNamara, a seasoned parental responsibility evaluator with over 35 years of experience, to discuss the role of evaluators in family law cases. Dr. McNamara explains what a parental responsibility evaluator does, the qualifications required, and why their work is critical in high-conflict custody disputes.

The conversation also covers the importance of minimizing conflict, maximizing relationships for children, and prioritizing self-care for parents going through divorce or custody battles. This episode provides valuable advice for family law professionals and individuals navigating high-conflict divorce or custody situations, offering tools for resolution and highlighting the critical role of evaluators in these complex cases.

Guest Information

Dr. Kate McNamara is a licensed mental health professional with over 35 years of experience conducting parental responsibility evaluations. She is involved in national family law associations and is committed to improving the system through education, training, and ongoing professional development. Dr. McNamara is a board member of the Association of Family and Conciliation Courts (AFCC) and has worked with families, courts, and professionals across the country.

Episode Outline

What is a Parental Responsibility Evaluator?
Overview of the role, qualifications, and responsibilities of a parental responsibility evaluator in custody disputes.

When and Why to Appoint an Evaluator
Identifying situations that warrant an evaluator and the alternatives available to families.

Challenges in the Field
Dr. McNamara discusses the dwindling pool of evaluators, the growing demand for their services, and the impact on family law cases.

Minimizing Conflict and Maximizing Relationships
Tips for parents on managing conflict, building positive co-parenting relationships, and supporting children during a divorce or custody battle.

Self-Care for Parents
The importance of self-care and seeking therapy or professional support during high-conflict family law cases.

The Future of Parental Responsibility Evaluations
How changes in legislation and evolving standards are shaping the future of evaluations and the role of evaluators in family law.

What is Divorce at Altitude?

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Gifts to the Marital Estate & Depletion of Separate Property | Episode 90

Mon, 07 Mar 2022 00:00:00 -0700

Gifts to the Marital Estate and Depletion of Separate Property in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya explains two critical concepts in Colorado divorce law: Gifts to the Marital Estate and Depletion of Separate Property. Using the hypothetical example of Eric and Melanie Wolf, Ryan walks listeners through how property, such as a house or inheritance, is treated during divorce.

Ryan covers how property that was originally separate, like Eric's house or Melanie's inheritance, can become marital property based on how it is treated during the marriage. He discusses the common scenario where separate property is converted into joint property and how the court views this as a gift to the marital estate.

On the flip side, Ryan also delves into what happens when separate property is depleted—like in Melanie's case, where her $5 million inheritance is spent during the marriage. He explains how Colorado law factors the depletion of separate property into the division of marital assets and the financial implications for each party.

This episode offers insights into how courts handle property that starts as separate but gets intertwined with the marital estate, providing valuable advice for anyone navigating a divorce involving mixed assets.

Episode Outline

Gift to the Marital Estate
How separate property, like real estate or family money, becomes marital property when jointly titled or used for marital purposes.

Examples of Gifts
Real estate and family gifts treated as marital property in a divorce.

Depletion of Separate Property
How spending separate property, such as an inheritance, affects the division of assets.

Legal Treatment of Depleted Property
Colorado law’s view on depleting separate property and its impact on divorce outcomes.

Key Differences Between Gifts and Depletion
Distinguishing between converting separate property to marital property and spending it during marriage.

What is Divorce at Altitude?

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Social Media and Co-Parenting with Ryan Kalamaya and Amy Goscha | Episode 89

Thu, 03 Mar 2022 00:00:00 -0700

Social Media and Co-Parenting in Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the role of social media during divorce and co-parenting, focusing on how it can impact communication, child custody, and overall family dynamics. They dive into the challenges and benefits of using social media, from enhancing communication between parents to the potential for overexposure and proxy wars.

Ryan provides practical advice on how parents can navigate social media during divorce, including setting clear boundaries in the parenting plan and addressing issues like photo sharing, new relationships, and child social media use. The episode also touches on how social media can be used to a parent's advantage in legal matters, but also the pitfalls of oversharing.

Episode Outline

The Role of Social Media in Divorce and Co-Parenting
How social media can both enhance communication and create conflicts, especially in co-parenting situations.

Parents’ Use of Social Media
Benefits such as improved communication and gaming with children, and the potential for oversharing or creating new conflicts.

Challenges with Social Media in Divorce
How social media can lead to proxy wars, oversharing, and how new relationships can trigger drama or complications.

Setting Boundaries in the Parenting Plan
Guidelines for parents to agree on how to handle photo sharing, communication on social media, and the introduction of new relationships.

Children’s Social Media Use
Discussing the age-appropriate use of social media, monitoring accounts, and the role of parents in regulating social media access.

Practical Suggestions for Parenting Plans
Including provisions for controlling access to social media accounts, ensuring both parents can access the child’s accounts, and limiting the amount of time spent online.

Legal Implications of Social Media
How posts and pictures on social media can play a role in a divorce case, and how they can be used in a parent's favor—or to their disadvantage.

What is Divorce at Altitude?

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What is the Difference Between a Legal Separation vs Divorce in Colorado? | Episode 88

Mon, 28 Feb 2022 00:00:00 -0700

Legal Separation vs. Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya discusses the difference between legal separation and divorce in Colorado, using the story of Eric and Melanie Wolf to provide context. While both processes are similar, legal separation keeps the couple legally married but formalizes the separation of finances, child support, and maintenance.

Ryan explains why some people choose legal separation over divorce, whether due to religious reasons, emotional reasons, or practical considerations like insurance or tax benefits. He also addresses the process of converting a legal separation into a divorce, which is straightforward once the decree of separation is entered.

If you’re unsure whether to pursue a legal separation or a divorce, this episode offers clarity on how the two compare and why legal separation might be the right choice for some.

Episode Outline

What is Legal Separation?
Ryan explains the concept of legal separation in Colorado, highlighting that while the couple remains legally married, their finances, child support, and maintenance are formally separated.

Differences Between Legal Separation and Divorce
A deeper look into the key distinctions between legal separation and divorce, including the emotional, financial, and legal implications of both processes.

Reasons for Pursuing Legal Separation
Discussion on why some individuals opt for legal separation over divorce, such as religious beliefs, emotional readiness, insurance benefits, and potential tax implications.

The Process of Legal Separation and Divorce
Ryan walks through the steps of filing for legal separation, including the simple process of converting the separation into a divorce if both parties choose to move forward.

When to Consider Legal Separation
Practical guidance for individuals who may benefit from legal separation, including cases where there are pending financial issues, tax considerations, or a desire to maintain a marriage for personal or religious reasons.

What is Divorce at Altitude?

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Parental Alienation with Jill Coil, Esq. | Episode 87

Thu, 24 Feb 2022 11:00:00 -0700

Parental Alienation in Colorado Divorce and Custody Cases

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by family law attorney Jill Coil to discuss parental alienation, a critical issue that often arises during custody disputes in divorce cases. Jill explains what parental alienation is, why it’s often misunderstood, and the difference between intentional and unintentional alienation.

Intentional alienation occurs when a parent actively tries to harm the child’s relationship with the other parent. This can include negative messaging or making the child feel guilty for spending time with the other parent. Unintentional alienation, on the other hand, involves behaviors such as guilt-driven comments or comments about how the child might miss out on things when with the other parent.

Jill highlights how accusations of alienation can sometimes be thrown around in divorce cases, and how courts respond differently depending on the specifics of the situation. She also discusses strategies for parents facing alienation accusations and those trying to prevent it, emphasizing the importance of maintaining consistency and showing up for your kids.

Guest Information

Jill Coil is a Utah and Texas licensed family law attorney and the founder of one of Utah’s largest family law firms. She’s also a motivational speaker and author of No One Dies from Divorce: How to Survive and Thrive When Your Marriage Ends.

Episode Outline

What is Parental Alienation?
Defining alienation and the behaviors involved.

Intentional vs. Unintentional Alienation
How parents can intentionally or unintentionally alienate the other parent.

How to Respond to Alienation
Protecting parenting time and building a strong relationship with your child.

The Role of Therapy and Support
Using therapy to address resistance and facilitate healthier co-parenting.

Creating Protection in Parenting Plans
How to set clear expectations and boundaries in your divorce agreement.

Dealing with Alienation Accusations
How to handle accusations and create a healthy co-parenting dynamic.

When Courts Step In
How courts address severe alienation and what steps to take to avoid it.

What is Divorce at Altitude?

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Trust Interests in a Colorado Divorce | Episode 86

Mon, 21 Feb 2022 00:00:00 -0700

Trust Interests in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya explains how trust interests are treated during a divorce in Colorado. Using the example of Eric Wolf, Ryan explores what happens when one spouse, like Eric, has a trust interest created long before the marriage, and how Colorado law handles those interests in the context of divorce proceedings.

Ryan breaks down the difference between revocable and irrevocable trusts and how these affect whether the trust interest is considered a property interest in divorce. He explains how discretionary trusts, where the trustee has control over distributions, are typically not considered property interests under Colorado law. He also touches on important considerations like separate vs. marital property, the role of financial experts in valuing trust interests, and how income from a trust may be considered for child support or maintenance.

This episode highlights the complex nature of trust interests in divorce and provides valuable information for anyone dealing with such issues. Whether you're considering divorce or already in the midst of one, understanding how trust interests are classified can have a significant impact on the division of property and financial settlements.

Episode Outline

Understanding Trust Interests in Divorce
Differentiating between revocable and irrevocable trusts.

The Role of Discretionary Trusts
How trust provisions affect whether an interest is considered property.

Separate vs. Marital Property
Evaluating the value of a trust interest during the marriage and at divorce.

Income from Trusts
How income from a trust is treated in child support and maintenance calculations.

The Court's Approach to Trust Interests
When the court considers trust interests in financial settlements.

Key Takeaways
Why legal counsel is essential when navigating trust issues in divorce.

What is Divorce at Altitude?

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The Intersection of Dependency & Neglect Cases with Divorce with Amy Goscha | Episode 85

Thu, 17 Feb 2022 00:00:00 -0700

Dependency and Neglect in Colorado Family Law

In this episode of Divorce at Altitude, Amy Goscha explains the complexities of Dependency and Neglect (DNN) cases and how they intersect with family law in Colorado. Amy breaks down what constitutes Dependency and Neglect, which can include child abuse, neglect, and abandonment. This issue often arises in family law cases such as divorce or allocation of parental responsibility, where a parent’s actions or inactions can lead to the involvement of the Department of Human Services (DHS) and, in some cases, criminal charges.

Amy covers the process and players involved in a DNN case, including the roles of parents, the DHS caseworker, the guardian ad litem (GAL), and the county attorney. She explains how these cases can become complicated when combined with ongoing divorce actions or criminal investigations. Amy also discusses the various procedures involved, including hearings and timelines, and highlights the importance of parents cooperating with DHS during these investigations.

This episode provides critical insights for parents and family law attorneys dealing with the challenges of DNN cases, offering guidance on navigating the system and ensuring the best interests of the child are prioritized.

Episode Outline

What is Dependency and Neglect (DNN)?
Definition and scenarios where a child may be considered dependent or neglected.

The Role of DHS and the Legal Process
How DHS interacts with families, the caseworker's role, and the involvement of the court.

Key Players in a DNN Case
The roles of parents, attorneys, the GAL, the DHS caseworker, and the county attorney.

The Process of a DNN Case
Steps from the petition filing to the permanency plan and periodic reviews.

How DNN Cases Impact Divorce and Family Law Matters
The intersection of DNN cases with divorce, child custody, and criminal cases.

Best Practices for Parents Navigating a DNN Case
Advice on how to cooperate with DHS, avoid pitfalls, and protect parental rights.

What is Divorce at Altitude?

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Economic Fault and Dissipation of Assets | Episode 84

Mon, 14 Feb 2022 00:00:00 -0700

Economic Fault and Dissipation of Assets in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya discusses the concept of economic fault and dissipation of assets during divorce proceedings in Colorado. Ryan explains how the court handles situations where one spouse intentionally depletes marital assets in contemplation of divorce, and how such actions can impact the division of property.

Using the example of Eric and Melanie Wolf’s divorce, Ryan clarifies the difference between marital fault and dissipation of assets. He discusses scenarios where a spouse’s actions—like transferring large sums of money or losing money in the stock market—might be considered dissipation, and how timing plays a crucial role in determining whether the court will add the dissipated funds back into the marital property division.

Ryan also provides examples of cases where dissipation was not found, such as when personal injury settlement proceeds were placed into an irrevocable trust, or when funds were used for legitimate marital purposes. He shares cases where dissipation was found, including the example of someone withdrawing funds from a joint account or spending money on excessive vacations.

This episode offers valuable insights for anyone navigating the complexities of asset division in divorce, especially when there’s suspicion of intentional financial misconduct.

Episode Outline

What Is Dissipation of Assets?
Explaining the legal definition and significance in divorce cases.

Timing of Financial Actions
Why the timing of asset depletion matters in dissipation claims.

Examples of Dissipation That Aren’t Accepted by Courts
Situations where funds were not considered dissipated, including personal injury proceeds and asset liquidations for legitimate purposes.

Successful Dissipation Claims
Cases where intentional depletion of assets, like gambling losses or improper withdrawals, were deemed dissipation.

Key Takeaways for Divorcing Parties
Strategic advice on protecting assets and navigating accusations of dissipation.

What is Divorce at Altitude?

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Personal Injury Claims, Marital Torts & Workers Comp in Divorces with Philip Goldberg, Esq. | Episode 83

Fri, 11 Feb 2022 00:00:00 -0700

Personal Injury and Workers’ Compensation in a Colorado Divorce

If you or your spouse receives a personal injury settlement or workers’ compensation award during a marriage, understanding how it may be treated in a Colorado divorce is essential. As this episode explains, Colorado draws an important distinction between personal injury claims and workers’ compensation benefits. While personal injury settlements tied to injuries during the marriage are generally classified as marital property, that does not automatically mean an equal division.

Courts retain discretion to allocate funds based on fairness and the injured spouse’s future needs. Workers’ compensation benefits, on the other hand, require a more detailed analysis of what the award is intended to replace, creating a different classification outcome. Timing, structure, and purpose of the recovery all matter. Before making assumptions about what is separate or marital, it is critical to seek guidance so you can protect your financial interests and make informed decisions during divorce proceedings.

Guest Information

Philip Goldberg is a Denver-based family law attorney with extensive experience in complex divorce litigation, trial work, and appellate practice. He is licensed in Colorado and Georgia and focuses on high-asset divorce matters, including cases involving trusts, estate planning structures, and complex financial issues.

Episode Outline

What Is a Personal Injury Claim
Understanding negligence, damages, and compensation for economic and non-economic losses.

How Colorado Classifies Personal Injury Settlements
Why Colorado uses the mechanistic approach and what that means in divorce.

Unequal Division of Injury Awards
How judges use discretion when allocating marital personal injury proceeds.

Open or Pending Injury Claims at Divorce
What happens when a claim hasn’t settled before the divorce is finalized.

Structured Settlements and Trust Planning
How irrevocable trusts and structured payouts impact marital classification.

Marital Torts and Domestic Violence Claims
When one spouse injures the other and how courts treat resulting judgments.

Workers’ Compensation vs. Personal Injury
Why Colorado analyzes workers’ comp benefits differently using the analytic approach.

What is Divorce at Altitude?

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Appealing Divorce Trial Decisions with Paige Mackey Murray | Episode 82

Thu, 03 Feb 2022 00:00:00 -0700

Appeals in a Colorado Divorce

If you’re feeling frustrated after a divorce or custody ruling, an appeal may sound like a second chance. But as this episode makes clear, it is a legal review, not a do-over. The Colorado Court of Appeals looks at whether the law was applied correctly, not whether the judge should have believed one witness over another. Appeals take time, require careful strategy, and can be costly, especially when parenting plans and life circumstances continue to evolve during the process.

Understanding tools like Rule 59 and Rule 60, as well as procedural nuances such as magistrate review, can significantly impact your options. Before moving forward, it’s critical to evaluate whether there is a true legal issue to challenge. With the right guidance and realistic expectations, you can make an informed decision about whether pursuing an appeal aligns with your goals and your family’s future.

Guest Information

Paige Mackey Murray is a Colorado appellate attorney with over 22 years of experience. She focuses on appeals in Colorado state appellate courts and assists trial counsel with issue preservation and post-trial strategy. She also serves as of counsel to Kaplan Law for family law appeals.

Episode Outline

What an Appeal Is—and What It Isn’t
Why appeals focus on legal error, not re-trying the facts.

Court of Appeals vs. Supreme Court in Colorado
Error correction vs. policy-making and why cert petitions matter.

How Long Appeals Take and What They Cost
Realistic timelines, typical expense ranges, and cost-benefit analysis.

Rule 59 vs. Rule 60 Motions After Trial
When post-trial motions help, and when they can complicate an appeal.

What Happens While an Appeal Is Pending
How changing circumstances (especially parenting) can affect outcomes.

Magistrates, Petitions for Review, and Preservation Traps
Why procedure matters and how issues can be waived.

Common Family Law Issues on Appeal
Parenting time, child support, maintenance, endangerment, and statutory standards.

Weak Appeals vs. Strong Appeals
Why credibility disputes and “bias” claims rarely succeed.

What is Divorce at Altitude?

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Splitting Personal Property in a Colorado Divorce | Episode 81

Mon, 31 Jan 2022 11:00:00 -0700

Dividing Personal Property in a Colorado Divorce

In this short Divorce at Altitude lesson, Colorado family law attorney Ryan Kalamaya explains how personal property (the “stuff” inside the home) is typically handled in a Colorado divorce—and why fighting over household items often costs more than the items are worth.

Using the podcast’s hypothetical clients Eric and Melanie Wolf, Ryan walks through the common questions that come up right after separation: What happens to the skis, the phones, the furniture, the mountain bike, and everything else in the house? The key takeaway: most divorce lawyers encourage an in-kind division whenever possible—meaning each spouse keeps comparable items rather than spending attorney time arguing over small value differences.

Ryan also highlights a reality that surprises many clients: courts and lawyers often value personal property using a “garage sale” or resale price, not what you paid new. Because most items depreciate quickly, spouses frequently overestimate what personal property is worth—and that misunderstanding can fuel unnecessary conflict.

The episode outlines practical ways couples can divide property efficiently, including using photos, lists, and spreadsheets, and waiting until the right point in the case to finalize the split. For higher-value property—like a wine collection, art, or collectibles—Ryan explains that a personal property appraiser may be needed. If spouses still can’t agree, options include property arbitrators (who oversee the move-out process) or a pick-and-choose system (sometimes even decided by a coin flip) to keep the process fair and moving forward.

Episode Outline

What Counts as Personal Property in a Colorado Divorce
Examples: furniture, electronics, sports gear, household items, collections.

Why In-Kind Division Usually Makes Sense
Avoiding expensive fights over low-value items.

How Courts Value Personal Property
Why “garage sale” value often matters more than purchase price.

Practical Tools for Dividing Property
Photos, inventories, spreadsheets, and staged agreements.

When an Appraiser Is Necessary
Wine collections, artwork, collectibles, and other higher-value items.

If You Can’t Agree: Alternative Solutions
Arbitrators, structured picking systems, and other fair tie-breakers.

What is Divorce at Altitude?

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Post-Divorce Retreats, When to Sell or Keep the House, and the Pitfalls of Starting a Divorce Without the Proper Support Network with Divorce Coach Annie Allen | Episode 80

Thu, 27 Jan 2022 00:00:00 -0700

Keep the House or Sell It in a Colorado Divorce + Post-Divorce Retreats

In this episode of Divorce at Altitude, Colorado family law attorneys Ryan Kalamaya and Amy Goscha tackle one of the biggest financial and emotional decisions in divorce: Should you keep the marital home or sell it? They’re joined by Annie Allen, a certified divorce coach and RCSD realtor, to explain how housing decisions impact settlement strategy, cash flow, credit, and long-term stability especially in a competitive real estate market.

Annie shares her personal story of ending a 22-year marriage, including the “decision day” that pushed her off the fence and how she prepared for divorce with a clear plan. From there, the conversation explores what happens when people try to navigate divorce without a strong support team—and why unmanaged emotions and ego often drive up attorney fees and create costly mistakes.

On the real estate side, Annie breaks down the practical factors behind keeping the house: refinancing requirements, affordability after support, and the risk of becoming house poor. She emphasizes that in divorce, your most important asset may be your credit score, and explains why staying on a mortgage with an ex can create major financial exposure.

Guest Information

Annie Allen is a certified divorce coach, RCSD divorce real estate specialist, and host of the Starting Over Stronger podcast. She helps people make confident decisions about divorce, housing, and recovery with clear planning and practical support.

Episode Outline

Keep the House or Sell It in Divorce
Key pros/cons, equity, affordability, and emotional attachment.

Annie Allen’s Divorce Story and Why Planning Matters
How preparation reduces chaos, cost, and regret.

Why Emotions Drive Up Divorce Costs
How ego and reactivity create expensive conflict.

Refinancing and Post-Divorce Housing Reality
What lenders look for and why support income can be risky.

Credit Score Risks and Joint Mortgage Exposure
Why staying tied to an ex financially can backfire.

Privacy and Strategy When Selling During Divorce
How to avoid signaling “distress sale” to buyers.

High-Net-Worth Considerations
Identity, lifestyle, and how the home fits the bigger settlement picture.

Post-Divorce Retreats and Healing
Mind-body reset, reflection, and building a stronger next chapter.

What is Divorce at Altitude?

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Parental Decision-Making, Vaccines for Children, & Tiebreakers for School Disputes with Katharine Lum | Episode 79

Thu, 20 Jan 2022 00:00:00 -0700

Parental Decision-Making in Colorado: Vaccines, School Choice, and Constitutional Rights

In this episode of Divorce at Altitude, Colorado family law attorneys Ryan Kalamaya and Amy Goscha break down parental decision-making in Colorado divorce and custody cases especially when parents can’t agree on hot-button issues like vaccines, school choice, and major medical decisions. They’re joined by Denver divorce attorney Katharine Lum, who explains the legal standards courts use to allocate and modify decision making, and why constitutional arguments sometimes show up in parenting disputes.

Katie clarifies that decision-making is not about daily parenting rules it’s about big-ticket issues like education, religion, and non-emergency medical care. The conversation walks through the best interests of the child factors, the three extra considerations specific to decision-making, and why joint decision making is the most common outcome in initial Colorado parenting plans.

Guest Information

Katharine Lum is a Denver family law attorney and associate at Loeffler, Cooper & Ramp. She previously clerked for Justice Gregory Hobbs of the Colorado Supreme Court and brings deep experience in Colorado domestic relations law, including constitutional issues in parenting decision-making disputes.

Episode Outline

What “Decision-Making” Means in Colorado
Major decisions (school, religion, medical) vs. everyday parenting choices.

How Colorado Courts Allocate Decision-Making
Best-interest factors plus decision-making-specific considerations.

Why Joint Decision-Making Is So Common
Typical outcomes in initial parenting plans and when sole authority may apply.

Modifying Decision-Making After Divorce
Higher legal standard and the “endangerment/significant impairment” test.

Understanding Endangerment in Parenting Disputes
How courts evaluate physical health risk and emotional-development harm.

Vaccines and Constitutional Rights: In re Marriage of Crouch
Religious objections, vaccination disputes, and what the appellate court clarified.

Tie-Breaking vs. Reallocating Authority
Why the requested remedy changes the legal analysis and strategy.

Key Takeaways for Parents
Plan ahead, document conflict patterns, and choose the right forum for resolving deadlocks.

What is Divorce at Altitude?

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Guy Talk: Infidelity, Communication Problems, & Surf Trips with Sean Galla of Mens Group | Episode 78

Thu, 13 Jan 2022 00:00:00 -0700

Men’s Group Support During Divorce: Help for Men Navigating Separation and Co-Parenting

In this episode of Divorce at Altitude, Colorado divorce attorneys Ryan Kalamaya and Amy Goscha talk “guy stuff” and the reality many men face during divorce: isolation, anger, shame, and the pressure to “handle it” alone. They’re joined by Sean Galla, founder of Men’s Group, to explain how men can build real support, improve emotional resilience, and avoid destructive coping habits while moving through separation, custody disputes, and post-divorce life.

Sean shares how his life looked perfect on the outside Mexico, surfing, business success while he struggled with loneliness, relationship stress, and having no one to talk to. That experience led him to create a men’s community designed for honest conversation, accountability, and practical tools. Ryan and Sean discuss why many men resist therapy, how men’s groups lower the barrier to getting help, and what men can expect in a structured group: guided discussions, topic-specific meetings, and long-term teams that build connection.

The episode also covers resources men consistently recommend, including No More Mr. Nice Guy, Attached, and Ryan Holiday. If you’re a man going through divorce or supporting one this episode offers a practical path to support, stability, and healthier relationships.

Guest Information

Sean Galla is the founder of Men’s Group, an online men’s community offering support groups, men’s teams, and discussion forums focused on divorce recovery, relationships, boundaries, mental health, and personal development.

Episode Outline

Why Men Struggle During Divorce
Isolation, identity loss, and emotional pressure during separation and custody conflict.

Sean Galla’s Story
From “perfect life” optics to building Men’s Group for real connection.

Why Men Avoid Therapy
Stigma, fear of vulnerability, and alternatives that actually work.

How Men’s Groups Help
Structure, accountability, and support for divorce, parenting, and relationships.

Key Topics: Divorce, Infidelity, Anger, Depression, Addiction
Common issues men bring into group and how support changes outcomes.

Tools and Resources for Men
Boundary-setting, attachment styles, stoicism, and practical communication skills.

Takeaways for Divorce Recovery
Build community, move your body, get support, and rebuild confidence.

What is Divorce at Altitude?

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A Behind-the-Scenes Look at the 2018 Change to Colorado's Spousal Maintenance Statute and New Law on Temporary Maintenance with Divorce Attorney Robin Beattie | Episode 77

Thu, 06 Jan 2022 00:00:00 -0700

Spousal Maintenance (Alimony) in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha dive into spousal support—also called maintenance or alimony—in Colorado divorces. They’re joined by Robin Beattie, a longtime Colorado family law attorney and recognized maintenance expert, to explain how courts approach support, what the guideline formula does cover, and why maintenance is often one of the biggest “make-or-break” issues in settlement talks.

Robin shares how she transitioned from victim advocacy to family law after being a first responder to the Columbine tragedy, and how that experience shaped her perspective on high-conflict divorce. The conversation then breaks down the evolution of Colorado’s maintenance statute, including the 2014 shift to guideline-based maintenance and the later scramble to update the formula after federal tax law eliminated the maintenance deduction for payors. Robin pulls back the curtain on how those legislative fixes came together quickly, including the goal of “sharing the pain” across income brackets.

Guest Information

Robin Beattie is a partner at Polidori, Franklin, Monahan & Beattie in Lakewood, Colorado. She is a former Chair of the Colorado Bar Association Family Law Section (2018) and is widely recognized for her work and expertise in spousal maintenance and Colorado family law.

Episode Outline

What Spousal Maintenance Is in Colorado
Defining maintenance and why it matters in divorce outcomes.

Robin Beattie’s Background and Path to Family Law
From paralegal and victim advocate to Colorado family law leader.

Why Colorado Adopted Maintenance Guidelines
How the 2014 statute changed maintenance calculations and improved predictability.

The Federal Tax Change That Upended Maintenance
Why eliminating the payor deduction changed negotiations and outcomes.

Behind-the-Scenes Legislative Fix in Colorado
How Colorado updated the formula quickly to adjust for new tax realities.

Temporary Maintenance vs. Permanent Maintenance
What temporary support covers and strategic choices in early-stage cases.

Retroactive Temporary Maintenance and New Case Law
How recent appellate rulings can impact retroactive awards and timing.

Key Takeaways for Negotiating Maintenance
Practical tips for payors and recipients navigating Colorado spousal support.

What is Divorce at Altitude?

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Holiday Break | Episode 76

Tue, 21 Dec 2021 00:00:00 -0700

What is Divorce at Altitude?

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What is Divorce at Altitude?

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How Divorce Lawyers Help with Co-Parenting, What a Typical Divorce Costs, How Much Custody do Dads Get in Colorado, and More with Shea Drefs at Custody X Change | Episode 75

Thu, 16 Dec 2021 00:00:00 -0700

How Divorce Lawyers Can Help Co-Parenting (with Shea Drefs of CustodyXChange)

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha talk with Shea Drefs, Managing Editor at CustodyXChange, about how divorce lawyers can actually improve co-parenting outcomes. Shea breaks down CustodyXChange’s national survey of 1,000 recently divorced parents with child custody cases and shares what the data suggests about lawyers, settlements, shared parenting, costs, and case timelines.

Ryan and Shea discuss a key takeaway: cases where both parents had attorneys were most likely to settle and most likely to result in shared/joint parenting time, challenging the stereotype that lawyers always “fuel the fight.” They also cover how income affects access to attorneys and shared parenting outcomes, plus why low-income families may face additional hurdles.

Guest Information

Shea Drefs is the Managing Editor at CustodyXChange, an online tool that helps co-parents create parenting schedules and plans, track child-related expenses, and organize custody logistics. Shea previously worked as a news reporter and now focuses on divorce and child custody research and reporting.

Episode Outline

CustodyXChange’s Survey of 1,000 Divorced Parents
What the study measured and why it matters for co-parents.

Do Attorneys Help or Hurt Settlement?
Why cases with two attorneys were most likely to settle.

Attorneys and Shared Parenting Outcomes
How representation correlates with joint/shared custody results.

Income, Representation, and Parenting Time
Why low-income parents are less likely to have attorneys and shared custody.

What Divorce Really Costs
Median legal/process costs when both, one, or neither parent has a lawyer.

How Long Divorces Take
Why “one-attorney” cases tended to last the longest.

Do Parents Get Along After Divorce?
Survey findings on post-divorce co-parenting dynamics.

How Kids Adjust After Divorce
What respondents reported—and how income may influence outcomes.

How CustodyXChange Helps Parenting Plans
Calendars, holidays, school schedules, and precise time percentages.

Why Visual Schedules Prevent Future Conflict
Spotting problems (holidays, breaks, exchanges) before they happen.

What is Divorce at Altitude?

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Why Fault Matters in a Divorce with Joe Maher | Episode 74

Thu, 09 Dec 2021 00:00:00 -0700

Fault in a No-Fault Colorado Divorce (with Joe Maher)

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha talk with family law attorney Joe Maher about “fault” in divorce—and why it still shows up in Colorado even though Colorado is a no-fault state. Joe previously practiced in Maryland, where adultery and other fault grounds can determine how a case gets to court, and he explains how that contrast shapes what clients expect when they divorce in Colorado.

Ryan and Joe discuss why courts generally don’t want to hear about cheating unless it connects to parenting issues or money. They break down when an affair becomes relevant (introducing a new partner to kids, impacts on employment, or spending marital funds) and why judges often focus on child-centered facts rather than blame. The episode also covers domestic violence, including how it can affect decision-making, parenting time, and safety concerns, plus the often-overlooked topic of financial control as a form of abuse.

Guest Information

Joe Maher is a family law attorney in Colorado and a senior associate at Griffiths Law (Lone Tree). He previously practiced for eight years in Maryland and completed a trial-level judicial clerkship. Joe focuses on domestic relations matters, including parenting, financial issues, and complex conflict dynamics.

Episode Outline

Fault vs No-Fault Divorce
How Maryland’s fault system differs from Colorado’s no-fault approach.

Why “Fault” Still Comes Up in Colorado
Clients’ need to be heard and how that affects settlement dynamics.

Infidelity and the Kids
When a new partner, timing, and child exposure can matter legally.

What Judges Will Actually Consider
Why courts avoid blame-based arguments unless tied to children or finances.

Domestic Violence and Parenting Orders
How DV impacts decision-making, parenting time, and safety planning.

Financial Control as Abuse
How money, access, and information can reflect coercive control.

Economic Fault and Dissipation
Spending on a paramour, gambling, large withdrawals, and “race to the bottom” behavior.

Practical Limits and Cost-Benefit Decisions
Why some fights aren’t worth the legal spend—and what happens when funds are gone.

Support Resources for Clients
Therapy, evaluations, and child-focused supports to help families move forward.

What is Divorce at Altitude?

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Dividing Qualified Retirement Plans in a Divorce | Episode 73

Mon, 06 Dec 2021 00:00:00 -0700

Fault in a No-Fault State: When Conduct Still Matters in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by family law attorney Joe Maher to unpack how “fault” still shows up in Colorado divorces—even though Colorado is a no-fault state. Drawing on Joe’s experience practicing for years in Maryland, a fault-based divorce jurisdiction, the conversation explores why many clients still want their story of infidelity, betrayal, or abuse to be heard and where those issues actually matter under Colorado law.

Ryan and Joe discuss how fault does not affect the legal grounds for divorce, but can play a meaningful role in parenting issues, domestic violence findings, decision-making authority, dissipation of marital assets, and the overall climate for settlement. The episode also addresses emotional closure, economic fault, and why courts focus less on why the marriage ended and more on protecting children and fairly dividing property.

Guest Information

Joe Maher is a family law attorney licensed in Colorado with prior experience practicing in Maryland. His background includes trial-level clerkship work and years of handling domestic relations matters involving children, finances, and complex interpersonal dynamics. Before law school, he worked with at-risk youth, shaping his people-centered approach to family law.

Episode Outline

Fault vs No-Fault Divorce Explained
Why Colorado does not require blame to end a marriage and how this differs from other states.

Why Clients Still Want Fault to Matter
The emotional need to be heard and acknowledged when infidelity or misconduct occurs.

Affairs and Parenting Issues
When a new partner, spending habits, or child exposure can become legally relevant.

Domestic Violence and Decision-Making
How abuse impacts parental responsibilities, communication, and court analysis.

Financial Control and Economic Abuse
Why money management and control can matter even in a no-fault system.

Dissipation of Marital Assets
When spending, gifts, or secret withdrawals can be added back into the marital estate.

What Judges Will—and Won’t—Hear
Understanding court tolerance for fault-based arguments in Colorado.

Helping Clients Move Forward
Balancing emotional validation with practical, long-term legal strategy.

What is Divorce at Altitude?

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Joint Business Valuation Experts with Yvonne Zuber | Episode 72

Thu, 02 Dec 2021 00:00:00 -0700

Joint Business Valuation Experts in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya sits down with business valuation expert Yvonne Zuber to explain how joint business valuation experts are used in Colorado divorce cases. When one spouse owns a closely held business, determining its value can be one of the most complex and emotionally charged parts of the divorce process. Ryan and Yvonne discuss why joint experts are increasingly common, how they differ from retained or “shadow” experts, and when a joint valuation may or may not be appropriate.

The conversation walks through the valuation process from start to finish, including document requests, financial analysis, interviews, and draft reports. Yvonne shares insight into common issues such as “divorce flu,” personal expenses running through businesses, goodwill, double dipping, and marketability discounts. This episode helps listeners understand how business valuations work in divorce and why cooperation, transparency, and realistic expectations can lead to better outcomes.

Guest Information

Yvonne Zuber is a Colorado-based business valuation expert with extensive experience in divorce and litigation support. She works with attorneys and courts to analyze closely held businesses, professional practices, and complex financial structures, helping parties reach fair and informed outcomes.

Episode Outline

What a Joint Business Valuation Expert Does
Understanding the role of a neutral expert in valuing a business during divorce.

Joint vs. Retained and Shadow Experts
How different expert models affect cost, cooperation, and case strategy.

When a Joint Valuation Works Best
Why trust, communication, and shared goals matter.

The Business Valuation Process
From engagement letters and document requests to interviews and analysis.

Divorce Flu and Financial Manipulation
How timing, income changes, and planning for divorce impact valuations.

Goodwill and Double Dipping in Colorado
Why Colorado law treats business income and support differently than other states.

Draft Reports and Expert Feedback
How comments from attorneys and shadow experts shape final opinions.

Key Takeaways for Business Owners in Divorce
Why staying objective can save time, money, and stress.

What is Divorce at Altitude?

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IRAs and Divorce | Episode 71

Mon, 29 Nov 2021 00:00:00 -0700

Individual Retirement Accounts (IRAs) in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya breaks down how individual retirement accounts, commonly known as IRAs, are handled in a Colorado divorce. Retirement assets are often some of the most valuable marital assets, and while IRAs are generally easier to divide than 401(k)s or pensions, they still require careful attention to avoid costly mistakes.

Ryan explains the key differences between traditional IRAs, SIMPLE IRAs, SEP IRAs, and Roth IRAs, with a focus on how taxes work and why dividing an IRA during divorce is not a taxable event if done correctly. Using the hypothetical divorce of Eric and Melanie Wolff, the episode highlights practical considerations such as rollovers, account transfers, market fluctuations, and whether accounts should be divided by percentages or fixed dollar amounts. This short lesson is designed to help listeners understand the basics so they can ask better questions and make informed decisions during the divorce process.

Episode Outline

What an IRA Is and Why It Matters in Divorce
Understanding why IRAs are often easier to divide than other retirement accounts.

Types of IRAs and Tax Treatment
Traditional, SIMPLE, SEP, and Roth IRAs and how taxes differ between them.

Why IRAs Do Not Require a QDRO
How IRAs differ from qualified plans like 401(k)s and pensions.

Dividing an IRA Without Triggering Taxes
How proper transfers and rollovers avoid unintended tax consequences.

Account Transfers and Rollovers
Practical considerations when moving IRA funds between spouses.

Market Fluctuations and Timing Issues
Why changes in market value can affect how divisions are structured.

Percentage Splits Versus Fixed Dollar Amounts
Common mistakes and key decisions when dividing IRA balances.

Key Takeaways for Colorado Divorces
What to keep in mind before finalizing retirement divisions.

What is Divorce at Altitude?

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Melanie Wolff's Divorce Story | Episode 70

Fri, 26 Nov 2021 00:00:00 -0700

Melanie Wolff’s Divorce Story: The Other Side of Divorce at Altitude

In this special narrative episode of Divorce at Altitude, Ryan Kalamaya tells the other side of the Wolff divorce story Melanie Wolff’s perspective. Listeners have long connected with Eric Wolff’s experience, but this episode explores what divorce feels like through the eyes of a parent who has carried the emotional and practical weight of the family while slowly realizing her marriage is ending.

Through Melanie’s day-to-day moments managing the kids, feeling unseen, navigating resentment, fear, and exhaustion this episode captures the quiet unraveling that often precedes divorce. Ryan weaves Melanie’s story into a broader reflection on uncertainty, parenting, finances, and the emotional shock of realizing that the future you planned no longer exists. The episode closes with a Thanksgiving reflection, reframing divorce not just as loss, but as the painful beginning of a search for a new and better life.

Episode Outline

Why Melanie’s Story Matters
Exploring the often-unheard perspective behind the Wolff divorce narrative.

Life Inside a Breaking Marriage
Daily resentment, emotional distance, and the loneliness that builds over time.

Parenting Under Pressure
Carrying the mental load, managing routines, and protecting children from conflict.

Avoidance, Alcohol, and Emotional Drift
How disconnection and unhealthy coping deepen marital fractures.

The Counseling Session Turning Point
When therapy reveals what one spouse already knows.

The Shock of Divorce Becoming Real
Fear, anxiety, and unanswered questions about money, housing, and the future.

Financial Uncertainty After Years of Dependence
What happens when one spouse handled all the finances.

Divorce During the Holidays
Why times meant for gratitude can be the hardest moments of all.

Thanksgiving, Rebirth, and the Search for a New Life
Reframing divorce as a painful transition rather than a personal failure.

Moving Forward With Fear and Determination
Why taking action becomes essential for protecting children and building stability.

What is Divorce at Altitude?

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Dividing Retirement Accounts in A Divorce | Episode 69

Mon, 22 Nov 2021 00:00:00 -0700

Retirement Accounts and Property Division in a Colorado Divorce

In this short lesson from Divorce at Altitude, Ryan Kalamaya explains how retirement accounts are divided in a Colorado divorce and why these assets can be some of the most valuable—and most misunderstood—parts of property division. Using the fictional couple Eric and Melanie Wolff, Ryan shows why taxes make retirement funds different from cash in a bank account, and why divorcing spouses often treat retirement accounts as a separate asset class when negotiating an equitable division.

Ryan also highlights common complications, including premarital contributions that may be separate property, the challenge of locating old account statements, and the need for specialized orders to divide qualified plans. He emphasizes a critical drafting issue: whether the division is based on a percentage or a fixed dollar amount, since account values fluctuate. The episode closes with an important reminder that Social Security benefits are not divided as marital property, even though they can affect the overall financial picture.

Episode Outline

Why Retirement Accounts Matter in Divorce
How retirement savings can be one of the largest marital assets after the family home.

Taxes Make Retirement Different From Cash
Why a 401(k) balance and a bank account balance are not equal after taxes.

Separating Retirement as Its Own Asset Class
How attorneys often divide retirement accounts separately to account for tax treatment.

Premarital Contributions and Separate Property
How retirement savings from before the marriage can complicate division.

Tracking Statements and Proving Balances
Why missing historical statements can make premarital claims harder to support.

Qualified Plans and Special Division Rules
When a formal court order is required to split certain plans.

QDRO Basics
Why a Qualified Domestic Relations Order is often needed and usually handled by a specialist.

Percentages vs Fixed Dollar Amounts
Why the wording matters when account values rise and fall with the market.

Social Security and Divorce
Why Social Security is not divided as marital property, even though eligibility rules may still matter.

What is Divorce at Altitude?

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Buying a Home After a Divorce with Ashton Brooks | Episode 68

Thu, 18 Nov 2021 00:00:00 -0700

Mortgages and Refinancing During Divorce in Colorado

In this episode of Divorce at Altitude, Amy Goscha is joined by mortgage professional Ashton Brooks to break down what divorcing spouses need to know about mortgages, refinancing, and qualifying for a new home in Colorado. Ashton shares his multi-generation real estate background and explains why planning early matters especially when a divorce involves keeping the marital home, buying a new residence, or relying on spousal maintenance or child support to qualify for financing.

Ashton explains how lenders evaluate support income using “history and continuance,” why conventional and FHA rules differ, and how separation agreements and temporary orders can affect loan approval. The episode emphasizes a team approach divorce attorney and lender working together so clients can build a realistic budget, protect credit, and create a mortgage plan that actually works after divorce.

Guest Information

Ashton Brooks is a mortgage professional with a lifelong background in real estate and lending. He helps clients build mortgage plans early, improve credit when needed, and navigate refinancing or purchasing decisions during major life transitions like divorce.

Episode Outline

Ashton’s Path Into Mortgages
How a multi-generation real estate family shaped his career in lending.

Where Mortgage Rates and the Market Are
How shifting rates, seasonality, and buyer demand affect purchase decisions.

Rate Locks and Timing
What lock periods mean and how longer locks change pricing.

Appraisals and Paying Over Asking
Why some buyers cover appraisal gaps and how comps can support higher prices.

Common Divorce Mistakes With Credit
How missed bills, drained accounts, and chaos can derail mortgage options.

When to Bring in a Loan Officer
Why early planning helps, especially before mediation or final settlement.

Qualifying With Maintenance and Child Support
How lenders evaluate support income using history and future continuance.

FHA vs Conventional Support Rules
Key differences in documentation, timelines, and mortgage insurance costs.

Refinancing the Marital Home After Divorce
What it takes to remove a spouse from the loan and why timing matters.

Budget Reality Check
The difference between what someone qualifies for and what they can truly afford.

What is Divorce at Altitude?

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Socially-Responsible Investing, Making a Post-Divorce Impact, Family Mission Statements and Climbing Your Second Mountain with Coley Cassidy, CFA | Episode 67

Thu, 11 Nov 2021 00:00:00 -0700

Socially Responsible Investing After Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya continues the show’s financial advice mini-series with a conversation about socially responsible investing and ESG environmental, social, and governance strategies. Ryan is joined by Aspen native and financial advisor Coley Cassidy, who shares his path from competitive hockey and professional play in Europe to institutional investing in New York City, and ultimately back to Aspen to raise a family and advise individuals through major life transitions.

Ryan and Coley break down what ESG and socially responsible investing actually mean, how values-based investing evolved, and why it matters for people navigating divorce especially spouses who may not have been involved in managing investments during the marriage. Using the fictional Eric and Melanie Wolff as a reference point, they discuss how post-divorce planning can become an opportunity to clarify priorities, align money with personal values, and measure “impact return” alongside financial return. The episode also explores how values-based investing can connect people to community, purpose, and family engagement helping create a more intentional financial life after divorce.

Guest Information

Coley Cassidy is a financial advisor and Aspen native with a background in institutional investing and family-focused advisory work. He helps individuals and families align their investments with their values, clarify financial priorities after major life changes, and understand both financial returns and real-world impact.

Episode Outline

Coley’s Journey Back to Aspen
From competitive hockey and Europe to New York finance, then home to raise a family.

What Socially Responsible Investing Means
A clear definition of SRI and ESG and why the terms get misunderstood.

How ESG Evolved
How capital has been used to influence change and shape corporate behavior.

Why This Matters in Divorce
Helping spouses understand investments and rebuild confidence post-divorce.

Beyond Performance
Measuring impact alongside financial return to track real-world outcomes.

Community and Purpose After Divorce
How aligning money with values can support healing and forward momentum.

Engaging Children and Family Values
Using mission statements and shared priorities to create long-term direction.

What is Divorce at Altitude?

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Tips for Navigating a High Conflict Divorce with Kids with Dr. Howard Selinger | Episode 66

Thu, 04 Nov 2021 00:00:00 -0600

High-Conflict Divorce and Protecting Children in Colorado

In this episode of Divorce at Altitude, Amy Goscha is joined by Howard Selinger, a clinical psychologist with more than four decades of experience, to discuss one of the most damaging aspects of divorce: high-conflict parenting and its impact on children. Drawing from years of working with families, attorneys, and courts, Dr. Selinger explains how unresolved hostility between parents can escalate through the legal system and deeply harm children’s emotional well-being.

Amy and Dr. Selinger explore how parents often lose sight of their children’s needs when conflict takes over, and why involving kids in adult disputes creates anxiety, instability, and long-term emotional consequences. The conversation focuses on practical, child-centered strategies to reduce conflict, avoid putting children in the middle, and help parents realign their behavior with what truly serves their kids’ best interests—especially in high-conflict Colorado divorce cases.

Guest Information

Dr. Howard Selinger is a clinical psychologist with over 40 years of experience working with individuals, families, and children affected by divorce and high-conflict parenting. He frequently consults with parents and attorneys to help reduce conflict, protect children’s emotional health, and promote child-focused decision-making during and after divorce.

Episode Outline

What Defines a High-Conflict Divorce
How ongoing hostility between parents escalates through litigation and harms families.

The Impact of Parental Conflict on Children
Why exposure to adult disputes causes anxiety, emotional distress, and behavioral issues.

Keeping Children Out of the Middle
How negative talk about the other parent destabilizes kids and damages attachment.

Aligning Parenting Behavior With Desired Outcomes
Why parental actions often undermine the results they claim to want.

Encouraging Healthy Relationships With Both Parents
How affirming a child’s right to love both parents supports emotional stability.

De-Escalation Strategies in High-Conflict Cases
Slowing down reactions and choosing responses that reduce—not fuel—conflict.

The Psychologist’s Role in High-Conflict Divorce
How mental-health professionals help parents refocus on children’s best interests.

What is Divorce at Altitude?

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What Happens to the Family Home in a Divorce | Episode 65

Mon, 01 Nov 2021 00:00:00 -0600

Real Estate and the Family Home in a Colorado Divorce

In this short lesson on Divorce at Altitude, Colorado divorce attorney Ryan Kalamaya explains what typically happens to the family home and other real estate during a Colorado divorce. Using the podcast’s hypothetical clients Eric and Melanie Wolff, Ryan walks through the most common question couples ask when divorce becomes imminent: will one spouse (often the primary parent) stay in the marital residence, or will the home be sold?

Ryan breaks down how Colorado courts approach the family home under C.R.S. § 14-10-113, including the court’s consideration of whether it’s desirable for children to remain in the home for a reasonable period of time. He also covers practical issues that come up in nearly every case: how real estate is valued (tax assessment, Zillow, realtor CMA, or appraisal), why refinancing is often required when one spouse keeps the property, and why commissions and hypothetical taxes usually aren’t deducted from the value if the home is not being sold. Finally, Ryan outlines the basics of selling the home during divorce—listing decisions, offer thresholds, and common disputes over repairs, mortgage payments, and tax deductions.

Episode Outline

The Wolff Story and the “Who Keeps the House?” Question
Why the marital home is one of the biggest concerns for divorcing parents in Colorado.

How Colorado Courts View the Family Home
What the property division statute says about awarding the home to the parent with the children.

Keeping the House After Divorce
How value is determined and why refinancing is often part of the solution.

Real Estate Valuation Methods
Tax assessments, Zillow estimates, realtor CMAs, and appraisals—and why judges weigh them differently.

Commissions and Taxes When the Home Isn’t Sold
Why hypothetical selling costs often don’t reduce value if one spouse keeps the property.

Personal Property Inside the Home
Why furniture and household items can become part of the real estate conversation.

Selling the Marital Residence During Divorce
Listing decisions, broker selection, and how parties structure acceptance of offers.

Common Sale-Related Disputes
Repairs, mortgage payments, and tax deductions that can create conflict during the sale process.

What is Divorce at Altitude?

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How Not to Screw Up Your Kids in a Divorce with the Divorce Doctor Elizabeth Cohen, PhD | Episode 64

Thu, 28 Oct 2021 00:00:00 -0600

How Not to Screw Up Your Kids During Divorce in Colorado

In this episode of Divorce at Altitude, Colorado divorce attorney Ryan Kalamaya is joined by “The Divorce Doctor,” Dr. Elizabeth Cohen, a clinical psychologist and divorce recovery expert. Dr. Cohen shares how her own divorce—while raising very young children—shaped her mission to help parents navigate separation without putting kids in the middle. Together, they unpack one of the most common questions in family law: how to tell your children you’re getting divorced and what to say (and not say) as the months and years unfold.

Ryan and Dr. Cohen explain why the “divorce talk” is never just one conversation, how kids are wired to love both parents, and why oversharing adult conflict can create anxiety, loyalty binds, and long-term insecurity.

Guest Information

Dr. Elizabeth Cohen is a clinical psychologist with a PhD in clinical psychology and advanced training in Cognitive Behavioral Therapy (CBT). She specializes in divorce recovery and helps parents reduce conflict, regulate emotions, and protect children from adult stress during separation. She is the author of Light on the Other Side of Divorce: Discovering the New You and hosts The Divorce Doctor podcast.

Episode Outline

Dr. Cohen’s Path to Divorce Work
How personal experience and clinical training led her to focus on divorce recovery.

The “Divorce Talk” Isn’t One Conversation
Why kids keep revisiting divorce questions over time—and how parents can prepare.

How to Tell the Kids You’re Divorcing
What matters more than a perfect script: creating a stable, supportive container.

How Much Is Too Much to Share
Why adult anger belongs with professionals and trusted adults, not children.

Why Kids Defend the Other Parent
How children are biologically wired to attach to both parents—even in conflict.

Regulating Anger Without Spilling It on Kids
Body-based strategies to discharge stress before it becomes reactive parenting.

Modeling Healthy Relationships After Divorce
How your behavior teaches kids emotional regulation and long-term resilience.

CBT Basics for Divorce Stress
How thoughts and behaviors can intensify conflict—and how to shift them.

Co-Parent Communication and the “Pause”
Why waiting before responding can reduce fights and protect children.

What is Divorce at Altitude?

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Business Valuations in a Divorce | Episode 63

Mon, 25 Oct 2021 00:00:00 -0600

Business Valuations in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya walks through how business interests are valued in a Colorado divorce and why valuation disputes are often some of the most complex issues in property division. Using the fictional Eric Wolff story as a framework, Ryan explains what happens when one spouse owns a business and how courts determine its value for equitable distribution. He breaks down when a business is valued, why the trial or hearing date matters, and how post-filing growth can still be treated as marital property.

The episode explores the legal standards and financial concepts behind business valuations, including the role of expert witnesses, the discretion courts have in weighing valuation evidence, and why owners can testify about value even if they are not experts. Ryan also explains the three primary valuation approaches—income, market, and asset-based—and how courts analyze fair market value versus investment value. The episode closes with a discussion of common discounts, buy-sell agreements, and why operating agreements are considered but not controlling in Colorado divorce cases.

Episode Outline

Introduction to Business Valuations in Divorce
Why business ownership creates unique challenges in Colorado property division.

When a Business Is Valued
Why valuation typically occurs at the time of trial or hearing, not separation or filing.

The Court’s Role in Valuation
Judicial discretion and the goal of determining current approximate value.

Experts and Owner Testimony
When expert valuation is required and why business owners may testify about value.

The Income Approach
How future earning capacity is analyzed, including the excess earnings method.

The Market Approach
Comparing a business to similar sales in the marketplace and adjusting for risk.

The Asset or Cost Approach
Valuing businesses based on assets minus liabilities, especially for asset-heavy or unprofitable companies.

Standards of Value
Investment value versus fair market value and which courts typically apply.

Discounts in Business Valuation
Lack of control and lack of marketability considerations.

Buy-Sell and Operating Agreements
Why these agreements are relevant but not determinative in a Colorado divorce.

What is Divorce at Altitude?

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Wealth Management During a Divorce with David Kopp | Episode 62

Thu, 21 Oct 2021 00:00:00 -0600

Financial Planning During and After Divorce in Colorado

In this episode of Divorce at Altitude, Amy Goscha is joined by David Kopp for a practical discussion on why financial planning is essential during and after a Colorado divorce. David explains how many clients leave a case still asking the same question: Is this enough, and will it last? Together, they explore how early financial guidance helps reduce uncertainty, improve settlement outcomes, and create long-term stability.

The conversation focuses on why a true “team approach” between divorce attorneys and financial planners matters—especially when preparing for mediation and post-divorce life. Amy and David unpack why a 50/50 division on paper may not be truly equal once taxes, liquidity, retirement rules, and inflation are considered. They also discuss common financial mistakes during divorce and how thoughtful planning can empower clients to move forward with confidence and clarity.

Guest Information
David Kopp is a wealth manager and financial planner with nearly 25 years of experience helping individuals through major life transitions, including divorce. His work focuses on comprehensive planning around income needs, asset protection, taxes, inflation, and long-term financial sustainability.

Episode Outline

David’s Path Into Financial Planning
How decades of experience shifted his focus from investments alone to full-picture financial planning.

Why Divorce Clients Ask “Is This Enough?”
Understanding the fear behind settlement numbers and long-term financial security.

The Team Approach in Divorce
How financial planners and divorce attorneys work together before, during, and after a case.

When to Bring a Financial Planner Into a Divorce
Why early involvement—often after the first legal consultation—creates better outcomes.

Budgeting and Defining Real Needs
Moving beyond guesses to understand true living expenses and future income needs.

Why Half Is Not Always Equal
How taxes, liquidity, and asset type can dramatically change settlement value.

Retirement Accounts and Hidden Traps
Penalties, tax treatment, and access issues that impact post-divorce finances.

Life After the Divorce Is Final
Why clients should avoid major financial decisions early and focus on long-term planning.

What is Divorce at Altitude?

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Dividing Marital Property | Episode 61

Mon, 18 Oct 2021 00:00:00 -0600

Dividing Marital Property in Colorado Divorce

In this short lesson from Divorce at Altitude, Ryan Kalamaya explains how Colorado courts define “property” and how marital property is divided in a divorce. Using the podcast’s fictional couple Eric Wolf and Melanie Wolf, he walks through what counts as a marital asset, what does not count, and how judges and attorneys typically structure property division.

Ryan clarifies that some things people assume are property—like professional degrees—generally are not, while others—like business goodwill, pensions, military retirement pay, and certain legal claims—may be treated as property interests. He also explains the practical reality of division: courts don’t “split everything in half,” but instead use offsets (often with spreadsheets) so one spouse may keep an asset like a business while the other receives a different asset of comparable value. Finally, he reinforces that Colorado divides marital property equitably, which does not always mean equally.

Episode Outline

Related Lessons to Watch First
Marital vs. separate property and the Eric/Melanie Wolf overview episode.

What Counts as “Property” in Colorado?
How Colorado law distinguishes between property and income.

What Is Not Property
Why professional licenses and degrees (JD, MD, teaching license) aren’t divisible property.

Business Goodwill
How goodwill/brand value can be included as marital property.

Benefits and Retirement
Why Social Security generally isn’t divisible, but pensions and military retirement pay can be.

Other Potential Property Interests
Examples like contingent legal fees and certain personal injury claims.

Pets and Animals
How the law can be less settled and fact-specific in pet-related disputes.

How Marital Property Is Actually Divided
The “three-basket” concept: the marital pot, then dividing assets into each spouse’s column.

Offsets and Spreadsheets
Why courts don’t literally divide assets (e.g., houses) and instead use equalizing offsets.

Equitable vs. Equal
The key takeaway: Colorado requires a fair division, not necessarily a 50/50 split.

What is Divorce at Altitude?

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Challenges in Gray Divorces | Episode 60

Thu, 14 Oct 2021 00:00:00 -0600

Gray Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya and cohost Amy Goscha discuss “gray divorce”—divorce later in life—and why it has become more common for couples over 50. They explore how longer life expectancy, second and third marriages, and shifting financial independence can contribute to the trend.

Ryan and Amy break down the legal and practical issues that can make gray divorces uniquely complex, including retirement income and spousal maintenance, dividing pensions and retirement accounts, Social Security considerations, and the reality that splitting one household into two can significantly increase expenses. They also discuss the value of financial planning during settlement, the impact of adult children (and multi-generational family dynamics), and how new relationships can complicate both the emotional and financial side of a divorce. Finally, they cover estate planning concerns—both during and after divorce—such as updating powers of attorney, healthcare directives, and creating solutions that protect spouses and children long-term.

Episode Outline

What Is a Gray Divorce?
Why divorce later in life is increasing and what may be driving the trend.

Maintenance and Retirement Income
How retirement age, reduced earnings, and fixed income affect spousal support.

Dividing Retirement Accounts and Pensions
Key differences between pensions, 401(k)s, and IRAs—and why tax treatment matters.

Social Security Considerations
How Social Security benefits relate to divorce (and the limits on what courts can divide).

Financial Planning During Settlement
Why budgets, long-term projections, and professional planning can be critical.

Insurance and Long-Term Care
Life insurance to secure support obligations and planning for health-related costs.

Capacity and Competency Issues
How memory decline or incapacity can affect negotiations and require added protections.

Adult Children and Family Dynamics
Emotional impact, inheritance concerns, and complications involving grandchildren.

Dating and Economic Fault
How new relationships can trigger conflict and raise spending/dissipation issues.

Estate Planning After Divorce
Updating wills, beneficiary designations, and medical/financial decision-makers.

What is Divorce at Altitude?

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Financial Planning Tips During a Divorce with Ali Phillips | Episode 59

Thu, 07 Oct 2021 00:00:00 -0600

Financial Planning During and After Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Aspen-based financial advisor Allie Phillips, a partner and executive vice president at Obermeyer Wood Investment Counsel. Allie shares how she and her husband relocated from investment banking on the East Coast to Colorado’s mountain towns, eventually choosing Aspen as home—and how that transition shaped her approach to guiding clients through major life changes.

The conversation focuses on how a financial advisor can support people during divorce—especially spouses who may not have managed the finances during marriage. Using the podcast’s fictional clients Eric and Melanie Wolff as an example, Ryan and Allie discuss why early financial guidance matters, how to create clarity around budgets and net worth, and how settlement decisions should consider taxes, liquidity, and long-term stability—not just headline numbers. The episode also covers common post-divorce mistakes and ends with the positive side: how divorce can lead to greater financial confidence, independence, and control over future goals.

Guest Information

Allie Phillips is a financial advisor in Aspen, Colorado, and a partner/executive vice president at Obermeyer Wood Investment Counsel. She works with individuals and families through major transitions, including divorce, helping clients understand their assets, plan for income needs, and build long-term financial confidence.

Episode Outline

Allie’s Journey to Aspen
How a cross-country road trip led to building a financial career in Colorado.

What a Financial Advisor Really Does
Beyond investments: planning, coaching, and coordinating with attorneys/accountants.

Where a Financial Advisor Fits in Divorce
Why getting financial advice early helps clients feel informed and empowered.

Budgeting and Clarity on Net Worth
How understanding income, expenses, and assets improves settlement decisions.

Settlement Decisions Beyond the “Big Numbers”
Why taxes and liquidity matter when dividing homes, businesses, retirement, and investments.

Common Divorce Mistakes
Emotional decisions about the marital home, rushing big financial changes, and ignoring future costs.

Tax Pitfalls to Watch For
Cost basis, unrealized gains, retirement withdrawals, and coordinating with accountants.

What is Divorce at Altitude?

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Marital and Separate Property in Colorado | Episode 58

Mon, 04 Oct 2021 00:00:00 -0600

Marital vs. Separate Property in Colorado Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya breaks down the difference between marital and separate property in a Colorado divorce, using the podcast’s fictional client, Eric Wolff, to explain how these concepts play out in real cases. Rather than relying on abstract legal theory, Ryan walks through practical examples that show why the timing of an asset’s acquisition can dramatically change the outcome of a property division.

The episode explains Colorado’s equitable distribution framework, the presumption that property acquired during marriage is marital, and why separate property—assets owned before marriage or received by gift or inheritance—can still become partially marital over time. Ryan also introduces the concept of appreciation on separate property, a rule that often surprises divorcing spouses, and discusses how joint titling can convert separate assets into marital property. The conversation closes with an overview of tracing, the accounting and legal process used to follow separate property as it changes form, value, or investment over the course of a marriage.

Episode Outline

What Is Marital Property?
How Colorado defines marital property and why timing matters.

What Is Separate Property?
Assets owned before marriage or acquired by gift or inheritance.

Why the Distinction Matters
How a single day can mean the difference of hundreds of thousands of dollars.

Appreciation on Separate Property
Why growth during marriage may be divided—even if the original asset is separate.

Burden of Proof and Presumptions
Who must prove an asset is separate and how courts evaluate the evidence.

Joint Titling and Transmutation
How retitling assets can unintentionally turn separate property into marital property.

Tracing Separate Property
Following assets as they change form, value, or investment over time.

What is Divorce at Altitude?

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4 Tips for your Post-Divorce Estate Plan with Pamela Maass | Episode 57

Thu, 30 Sep 2021 00:00:00 -0600

Post-Divorce Estate Planning: Four Critical Steps Everyone Should Take

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by estate planning attorney Pamela Maass—known as The Law Mother—for a practical conversation about post-divorce estate planning. Pamela shares her background as a former Boulder County prosecutor and explains how seeing families struggle through messy probate cases led her to focus on proactive estate planning, especially for individuals navigating divorce.

The discussion focuses on four essential estate-planning steps after divorce: updating beneficiary designations, revising financial and medical powers of attorney, updating wills or trusts, and considering long-term asset protection strategies for children. Ryan and Pamela also explore the overlap between divorce law and estate planning, including automatic injunctions during divorce, the risks of outdated documents, and why failing to plan can unintentionally give control to an ex-spouse. The episode highlights how post-divorce planning restores control, protects children, and prevents future conflict.

Guest Information

Pamela Maass is a Colorado-based estate planning attorney and founder of Law Mother. She focuses on trust-based planning, asset protection, and helping families especially those impacted by divorce avoid probate and plan proactively for incapacity and death. Pamela serves clients statewide and is also the host of a podcast supporting working parents.

Episode Outline

Why Estate Planning Matters After Divorce
How divorce creates legal gaps and unintended consequences without updated documents.

Updating Beneficiaries
Life insurance, retirement accounts, workplace benefits, and common oversights.

Powers of Attorney and Health Decisions
Why ex-spouses should not control medical or financial decisions.

Wills vs. Living Trusts
Keeping assets out of probate and protecting children’s inheritances.

Asset Protection for Children
Using dynasty and lifetime trusts to protect future inheritances.

Blended Families and Long-Term Planning
Balancing new relationships with obligations to children from prior marriages.

What is Divorce at Altitude?

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Property Division in a Colorado Divorce | Episode 56

Mon, 27 Sep 2021 00:00:00 -0600

Property Division in Colorado Divorce Cases: What Happens to Your Assets?

In this episode of Divorce at Altitude, Ryan Kalamaya walks through the basics of property division in a Colorado divorce, using the fictional client Eric Wolf to highlight the questions most divorcing spouses ask: What happens to my property? Will I have to start over? And what about my business? The episode provides a practical overview of how Colorado courts divide assets and why property disputes are often more complex than people expect.

Ryan explains that Colorado is an equitable distribution state, meaning courts divide marital property fairly—but not necessarily equally. He addresses common misconceptions about “50/50” division, clarifies that marital fault (such as affairs or misconduct) generally does not affect property division, and outlines the statutory factors judges must consider. The discussion also previews why disputes commonly arise over marital vs. separate property, asset valuation, and high-value items like closely held businesses and the marital home—setting the stage for deeper discussions in future episodes.

Episode Outline

Equitable Distribution in Colorado
What “equitable” means and why it does not always mean equal.

Common Myths About Property Division
Why Colorado courts usually do not consider marital fault.

Factors Courts Must Consider
Spousal contributions, economic circumstances, and changes in property value.

Marital vs. Separate Property
An introduction to how Colorado distinguishes between the two.

Valuation Disputes
Why disagreements over asset values—especially businesses—are common.

Who Gets What
Why even agreed-upon values can still lead to disputes over asset allocation.

What is Divorce at Altitude?

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Divorcing a Narcissist, Codependency, Setting Boundaries, and Co-Parenting with a Difficult Ex with Karen McMahon | Episode 55

Thu, 23 Sep 2021 00:00:00 -0600

Divorcing a Narcissist in Colorado: Codependency, Boundaries, and Co-Parenting Strategies

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by divorce coach Karen McMahon, host of the Journey Beyond Divorce podcast, to discuss divorcing a narcissist, codependency, and how to set boundaries in high-conflict divorce and co-parenting. Karen explains what divorce coaching is and how it supports clients (and attorneys) by helping people manage fear, triggers, and decision-making—especially around parenting time and finances.

They break down common narcissistic dynamics like black-and-white thinking, revisionist history, deflection, and blame-shifting, and explain why the codependent partner often feels stuck in constant reactivity.

Guest Information

Karen McMahon is a divorce coach and the host of the Journey Beyond Divorce podcast. She and her team have coached clients worldwide since 2010, helping people navigate divorce transitions with emotional clarity and practical strategy—especially in high-conflict situations involving narcissistic dynamics. Her work focuses on calming reactivity, strengthening boundaries, and supporting healthier decision-making throughout the divorce process.

Episode Outline

What a Divorce Coach Does
How coaching helps people move through divorce emotionally and practically—and supports the attorney-client relationship.

Signs You’re Divorcing a Narcissist
Black-and-white thinking, revisionist history, deflection, blame, and “rent-free” mental space.

Why High-Conflict Divorce Needs a Bigger Support Team
Common professionals involved and why outsiders often see through charisma and manipulation.

Codependency and Self-Love Deficiency
Caretaking, people-pleasing, over-functioning, and why “divorcing the problem” can repeat the pattern.

Boundaries That Actually Work
Internal boundaries (“he made me feel…” vs. “I felt…”), leaving hostile interactions, and limiting engagement.

Co-Parenting With Difficult Exes
Bulletproof agreements, predictable exchange issues, proactive planning, and reducing triggers for kids.

Helping Kids Navigate a Difficult Parent
Building emotional awareness, resilience, and healthy boundaries—without demonizing the other parent.

What is Divorce at Altitude?

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Planning for the School Year During a Divorce | Episode 54

Fri, 17 Sep 2021 00:00:00 -0600

Back-to-School Co-Parenting Tips for Colorado Divorce and Custody Cases

In this episode of Divorce at Altitude, Ryan Kalamaya and cohost Amy Goscha reunite for a practical discussion on back-to-school transitions for divorced and divorcing parents in Colorado. They explain why the shift from summer to the school-year routine often triggers conflict and how a well written parenting plan can reduce stress for both parents and kids. The conversation covers common schedule issues like school year vs summer parenting time, transportation and exchange logistics, and why reviewing the school calendar early can prevent unintended outcomes like one parent receiving three consecutive weeks due to holiday overlaps.

Ryan and Amy also dig into the real-world challenges that show up once school starts: extracurricular activities, therapy and special-needs services, and the cost sharing questions that can spark disputes. They discuss strategies for consistency between households, coordinating with teachers and school counselors, and keeping both parents equally informed. For higher-conflict situations especially where school choice, medical decisions, or activities become ongoing battlegrounds they outline alternative dispute resolution tools like parenting coordinators/decision-makers (PCDMs), arbitration, and parenting coaches, which can provide faster resolutions than the court system.

Episode Outline

Why Back-to-School Creates Conflict After Divorce
Transition stress, routine changes, and how parenting plans should address school-year schedules.

Parenting Plans and Calendars That Actually Work
School calendars, holiday overlaps, and why mapping parenting time avoids “accidental” long stretches.

Extracurricular Activities and Cost Sharing
Sports, therapy, special services, and setting clear expectations for agreed expenses.

School Choice Disputes and Time-Sensitive Decisions
Why these conflicts must be addressed early and what happens when parties disagree.

Using PCDMs, Arbitration, and Other Professionals
Faster solutions for disputes about school, sports, medical issues, and activities.

Special Needs and Consistency Between Homes
Routines, coordination, and preventing conflict from disrupting services.

Social Media, Phones, and Bullying Risks
Creating consistent rules across households and avoiding online conflict that impacts kids.

What is Divorce at Altitude?

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Domestic Violence and Child Custody in Divorce | Episode 53

Mon, 13 Sep 2021 00:00:00 -0600

Domestic Violence and Parenting Decisions in Colorado Custody Cases

In this episode of Divorce at Altitude, Ryan Kalamaya breaks down how allegations or findings of domestic violence can directly impact custody, parenting time, and decision-making in Colorado divorce cases. Ryan explains how domestic violence is defined under Colorado law, why the standard of proof in family court is different from criminal court, and how these distinctions affect parenting disputes even when no criminal conviction exists.

The episode walks through the specific statutory framework courts must follow when domestic violence is alleged, including how it influences joint vs. sole decision-making, parenting time restrictions, communication limits, and safety focused court orders. Ryan also addresses common misconceptions about Fifth Amendment rights in custody cases, explains how courts evaluate patterns of coercive control versus isolated incidents, and outlines the practical safeguards courts may impose to protect children while preserving parent-child relationships where appropriate.

Episode Outline

Domestic Violence in Colorado Custody Law
How Colorado statutes define domestic violence and why it matters in parenting disputes.

Civil vs. Criminal Standards of Proof
Why family courts use a preponderance-of-the-evidence standard and how it differs from criminal cases.

Fifth Amendment Considerations
How invoking the right against self-incrimination can affect custody determinations.

Decision-Making Authority and Domestic Violence
Why joint decision-making is generally disfavored when domestic violence is found.

Parenting Time Restrictions and Safety Measures
Supervised parenting time, exchange locations, communication limits, and substance restrictions.

Evaluating Patterns vs. Isolated Incidents
How courts distinguish long-term coercive control from one-time incidents.

Best Interests of the Children
Balancing child safety with each parent’s role in a Colorado custody case.

What is Divorce at Altitude?

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Colorado Fertility Laws with Laura Koupal | Episode 52

Thu, 09 Sep 2021 00:00:00 -0600

Surrogacy, Fertility Law, and Parentage in Colorado Divorce Cases

In this episode of Divorce at Altitude, Amy Goscha is joined by colleague and fertility-law specialist Laura Koupal for an in-depth discussion on surrogacy, assisted reproduction, and how evolving fertility laws intersect with Colorado family law and divorce. Laura shares her path from traditional family law practice to founding Koupal Law Firm, where she focuses exclusively on fertility law representing intended parents, surrogates, and donors around the world.

The conversation breaks down genetic vs. gestational surrogacy, explains why Colorado has become a national fertility hub, and walks through the Colorado Surrogacy Agreement Act, a recently enacted statute that provides clear legal protections for surrogates, intended parents, and children. Amy and Laura also explore how surrogacy agreements, parentage determinations, cryopreserved embryos, and assisted reproduction can create unique issues in divorce cases including how embryos are treated as “special property,” what happens if parties divorce mid-surrogacy, and why family law attorneys must ask clients how their families were formed.

Guest Information

Laura Koupal is a Colorado-based attorney and founder of Koupal Law Firm, where she practices exclusively in fertility law. She represents intended parents, surrogates, and donors in surrogacy agreements, assisted reproduction matters, and parentage actions, and also handles step-parent and second-parent adoptions. Laura regularly works with clients nationwide and internationally who pursue fertility treatment in Colorado.

Episode Outline

What Is Surrogacy?
Genetic vs. gestational surrogacy and key assisted reproduction terms.

Why Colorado Is a Fertility Hub
The role of leading fertility clinics and high IVF success rates.

The Colorado Surrogacy Agreement Act
How the new statute protects surrogates, intended parents, and children.

The Surrogacy Process Step-by-Step
Contracts, legal clearance, pregnancy, and parentage orders.

Surrogacy and Divorce
What happens if intended parents separate during or after surrogacy.

Embryos and Divorce
How cryopreserved embryos are treated and why they must be addressed in separation agreements.

Adoption and Parentage Options
Step-parent and second-parent adoptions for families formed through assisted reproduction.

What is Divorce at Altitude?

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Domestic Violence and Criminal Protection Orders | Episode 51

Mon, 06 Sep 2021 00:00:00 -0600

Criminal Protection Orders and Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya explains what happens after a heated domestic dispute leads to an arrest—and how criminal protection orders can dramatically affect divorce, custody, and co-parenting cases in Colorado. Ryan breaks down a common misconception: criminal domestic violence is not a standalone charge, but a sentence enhancer attached to offenses like assault, harassment, stalking, child abuse, or menacing when an intimate relationship exists.

Ryan walks through the mandatory protection order that is automatically issued after an arrest, explaining why it immediately restricts the defendant from contacting the protected party, even if the protected party initiates contact. He discusses the real-world complications these orders create when children, shared businesses, or ongoing divorce proceedings are involved, and why violations can lead to new criminal charges. Drawing on his experience as a former prosecutor, Ryan explains how and when these orders may be modified, the role of prosecutors and victim advocates, how long criminal protection orders can last, and how tools like attorney intermediaries and civil standbys allow limited communication or property retrieval while a case is pending.

Episode Outline

What Triggers a Criminal Protection Order
How arrests for domestic-related offenses automatically lead to mandatory protection orders.

Criminal vs. Civil Protection Orders
Key differences and why criminal orders operate under stricter rules.

No-Contact Rules and Violations
Why contact is one-sided and how violations can result in jail time.

Modifying a Mandatory Protection Order
The role of prosecutors, victim advocates, and attorneys in seeking limited modifications.

Impact on Divorce and Custody Cases
How criminal cases intersect with family court, parenting time, and exchanges.

Duration and Long-Term Consequences
How long protection orders can last and what happens after a guilty plea or probation.

What is Divorce at Altitude?

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Litigation Tactics for CFIs & PREs (Presentation at the 2021 Colorado Family Law Institute) | Episode 50

Thu, 02 Sep 2021 00:00:00 -0600

Mitigating Parenting Evaluations in Colorado Divorce Cases (CFIs & PREs)

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by John Zervopoulos for a practical, strategy-focused discussion on mitigating adverse parenting evaluations in Colorado divorce and custody disputes. They break down what happens when a court-appointed Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE) issues a report that could seriously impact parenting time or decision-making—and what lawyers and clients can do next.

The episode covers key procedural and litigation tools (discovery, evaluator-file requests, subpoenas, depositions, consulting experts, and the realities of motions to strike), along with John’s structured approach for analyzing evaluator work. Using frameworks like the “three-legged stool” (interviews, testing/questionnaires, and collateral sources) and the PLAN Model (qualifications, methods, reasoning, and the link between data and recommendations), they explain how to spot gaps, bias, and weak support for conclusions—while keeping the court’s perspective in mind and using the evaluation record to reinforce your client’s narrative.

Guest Information

John Zervopoulos is a board-certified forensic psychologist and attorney who consults nationwide with family law attorneys on mental health issues, expert testimony, and litigation strategy. Through his practice, he assists lawyers with deposition preparation, cross-examination, motion drafting, and understanding psychological evaluations in custody and parenting disputes. He is also an author published by the American Bar Association on examining mental health experts.

Episode Outline

When Parenting Evaluations Go Wrong
The reality of adverse CFI and PRE recommendations.

Procedural Options After a Bad Report
Discovery, depositions, motions to strike, and consulting experts.

Looking Under the Hood
Why evaluator files, billing records, and timelines matter.

Conceptual vs. Practical Frameworks
Understanding best-interest analysis and evaluation structure.

The PLAN Model Explained
Qualifications, methods, reasoning, and opinion reliability.

Bias and Analytical Gaps
Identifying confirmation bias, overconfidence, and missed alternatives.

Effective Examination Strategy
How to challenge or support evaluators while persuading the court.

What is Divorce at Altitude?

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Civil Protection Orders in a Divorce | Episode 49

Mon, 30 Aug 2021 04:00:00 -0600

Civil Protection Orders in Colorado Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya breaks down one of the most serious and frequently misunderstood issues in family law: civil protection orders involving allegations of domestic violence. Rather than covering every form of domestic violence or its full impact on divorce, this episode focuses specifically on how civil protection orders (CPOs) work in Colorado and what parties should expect when one is requested during or alongside a divorce case.

Ryan explains the two-step process for obtaining a civil protection order, starting with a verified motion signed under penalty of perjury and reviewed by a judge—often the same day—on an ex parte basis. He walks through how courts balance urgency and safety against due process, why temporary protection orders are issued first, and how violations can lead to criminal charges or contempt in a divorce case.

The discussion then turns to permanent protection order hearings, where judges must decide both whether the alleged acts occurred and whether they are likely to continue. Ryan explains why these hearings often feel like the “wild west,” with limited disclosure rules, flexible evidentiary standards, and tight time constraints. He also outlines the long-term consequences of permanent protection orders—such as firearm restrictions, travel issues, and criminal exposure—along with options for appeal or later modification.

Episode Outline

Domestic Violence and Divorce
Why civil protection orders frequently arise in Colorado family law cases.

Temporary Civil Protection Orders
The verified motion, ex parte review, and the court’s focus on imminent danger.

Service, Enforcement, and Violations
Why violations are criminal offenses and how civil standbys work.

Grounds for a Protection Order
Common bases including domestic abuse, threats, stalking, and sexual assault.

Permanent Protection Order Hearings
How courts evaluate credibility, future risk, and due process concerns.

Long-Term Consequences
Firearm rights, travel issues, criminal exposure, and lasting legal effects.

Children and Parenting Implications
How protection orders affect parenting time and communication in divorce cases.

What is Divorce at Altitude?

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Contempt of Court in a Divorce with Georgina Melbye | Episode 48

Thu, 26 Aug 2021 00:00:00 -0600

Contempt in Colorado Divorce and Family Law Cases

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by law partner Georgina Melbye for a clear, practical breakdown of contempt in Colorado family law cases. Georgina—widely regarded in the firm as the “contempt guru”—explains what contempt really is, how it’s used to enforce court orders, and why it’s one of the most powerful (and most misunderstood) tools in post-decree divorce disputes.

The conversation walks through the two main types of contempt—remedial and punitive—and why most family law cases deal with indirect contempt for violations that occur outside the courtroom. Amy and Georgina discuss when contempt is effective (especially for enforcing financial obligations in separation agreements), when it’s less helpful (like parenting plan violations that already occurred), and what judges actually want to see before imposing sanctions. They also cover procedural realities—contempt advisements, service requirements, bifurcated hearings, attorney’s fees, and why contempt should usually be a strategic last resort, not a first reaction.

Guest Information

Georgina Melbye is a Colorado attorney focusing on family law and criminal defense. She regularly handles complex enforcement and contempt issues in divorce and post-decree cases and advises clients on strategic compliance, enforcement options, and high-risk litigation scenarios.

Episode Outline

What Contempt Really Means
A violation of a court order—and why most family law cases involve indirect contempt.

Remedial vs. Punitive Contempt
The key differences between enforcing compliance and punishing misconduct.

When Contempt Works Best
Why separation agreement obligations are often better suited for contempt than parenting disputes.

Parenting Plan Violations
Why courts can’t “undo” missed parenting time and what alternatives may be more effective.

The Contempt Process
Filing ex parte, advisement hearings, service rules, and what happens next.

Bifurcated Hearings Explained
Why punitive and remedial contempt may be split—and how strategy matters.

Attorney’s Fees and Judicial Discretion
When fees may be awarded, and why outcomes are never guaranteed.

Strategic Warnings for Clients
Why contempt is serious, when warrants can issue, and why ignoring it is a major mistake.

What is Divorce at Altitude?

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The Downside of Med-Arb, Tips on Mediation & When Divorce Arbitration Works with Mike DiManna | Episode 47

Thu, 19 Aug 2021 00:00:00 -0600

Mediation, Arbitration, and Med-Arb in Colorado Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Mike DiManna, a longtime Colorado family law attorney and Denver-based mediator/arbitrator, for a practical discussion on resolving divorce cases outside the courtroom. Mike shares his path into law—starting from an Italian-Catholic family expectation of the priesthood, a life-changing semester at CU Boulder, and ultimately a career shaped by decades of courtroom litigation.

The conversation breaks down mediation, arbitration, and med-arb, including why an experienced litigator can function as a “settlement master” who offers candid feedback on strengths and weaknesses—not just shuttle offers between rooms. They cover what makes mediation effective (preparation, realistic expectations, and clear communication), when arbitration can quickly solve time-sensitive disputes (like real estate and settlement-document terms), why parenting issues are more complicated, and how arbitration decisions are hard to overturn—making careful drafting and process choices critical in Colorado divorce cases.

Guest Information

Mike DiManna is a Denver-based family law attorney, mediator, and arbitrator with decades of experience in Colorado divorce litigation and alternative dispute resolution. He is known for a practical, evaluative mediation style and for helping parties resolve complex disputes efficiently through mediation and arbitration.

Episode Outline

How Mike Got Into Law
From an expected path toward the priesthood to CU Boulder, debate, and eventually law school.

Mediator vs. “Settlement Master”
The value of neutral feedback on strengths, weaknesses, and likely court outcomes.

What Works in Mediation
Preparation, prior settlement offers, and setting realistic expectations before the session.

Common Mediation Mistakes
Showing up unprepared, last-minute submissions, and treating mediation like a checkbox.

Arbitration in Divorce Cases
Why it’s favored, when it’s efficient, and what issues are best suited for arbitration.

Why Parenting Issues Are Different
Mike’s view that parents—not third parties—usually make the best decisions for kids.

Med-Arb Explained
How it works, why confidentiality and caucus dynamics create ethical challenges, and why the record matters.

What is Divorce at Altitude?

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Experts Involved in a Custody Battle | Episode 46

Mon, 16 Aug 2021 00:00:00 -0600

High-Conflict Custody Battles in Colorado (CFI, PRE, PC/DM, and More)

In this short Divorce at Altitude lesson, Ryan Kalamaya breaks down the main professionals and legal options available when parents can’t agree on parenting time or decision-making—what many people call a “custody battle” in Colorado. Ryan explains that these tools generally fall into two categories: forensic/evaluation professionals who investigate and make recommendations, and dispute-resolution professionals who help resolve ongoing conflict and, in some cases, make binding decisions.

On the evaluation side, Ryan explains the role of a Child and Family Investigator (CFI)—a common, court-involved option that interviews parents, may speak with children, observes interactions, and issues a report with recommendations. He then discusses the more intensive Parental Responsibilities Evaluator (PRE), typically a licensed mental health professional who may conduct psychological testing and provide deeper analysis. Ryan also covers related evaluations like psychological assessments (when mental health is a concern) and substance use assessments through a Certified Addiction Counselor (CAC)—noting that not every evaluator can make parenting-time recommendations.

Episode Outline

Two Categories of Custody Professionals
Forensic/evaluation vs. dispute-resolution options in high-conflict parenting cases.

Child and Family Investigator (CFI)
What CFIs do, what they evaluate, and how their reports influence parenting outcomes.

Parental Responsibilities Evaluator (PRE)
Why PREs are a “step up,” including mental health testing and deeper evaluation tools.

Psychological & Substance Evaluations
When to request psychological assessments or CAC substance use evaluations—and limits on recommendations.

Child Legal Representative (CLR)
What a CLR does as an attorney for the children, and why it can become expensive.

Parenting Coordinator / Decision Maker (PC/DM)
How PC/DMs work, when decision-making is binding, and why scope matters.

Other Fast-Track Options
Special masters, arbitration, and private judges for quicker decisions in urgent disputes.

What is Divorce at Altitude?

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Current Real Estate Market Trends and Divorce with Tina Parks | Episode 45

Thu, 12 Aug 2021 00:00:00 -0600

Real Estate and Divorce in Colorado (Denver Market Update with Tina Parks)

In this episode of Divorce at Altitude, Amy Goscha sits down with Tina Parks, a Colorado real estate professional and investor, to talk about how today’s housing market impacts people going through divorce—especially when the marital home is the biggest asset on the table.

Tina breaks down what makes the market feel “bananas”: record-low inventory, intense competition, and homes selling fast—often 10–20% over asking. She explains why pricing strategy matters, why buyers are using creative tools to compete (including cash-style offers), and what sellers can do to attract stronger offers.

Amy and Tina also connect the dots between Colorado divorce and real estate realities: whether someone can afford to keep the home, why fair market value is tricky in a rapidly changing market, what happens when parties can’t agree to sell, and how common contract tools like post-occupancy agreements, inspections, and appraisal gaps can affect timing and negotiations.

Guest Information

Tina Parks is a Colorado-based real estate professional in the Denver metro area with a background in title work, residential real estate, and long-term real estate investing. She brings both market insight and personal experience, having gone through divorce and later remarriage, which helps her understand what clients need during major life transitions.

Episode Outline

Colorado Real Estate Market Snapshot
Why inventory is so low, why homes sell in days, and why bidding wars are common.

Buying in a Competitive Market
What buyers are doing to compete (cash-style offers, adjusted expectations, tighter offers).

Selling During Divorce
Why timing, cooperation, and pricing strategy matter when a marital home must be listed.

Post-Occupancy Agreements
How rent-back arrangements can help sellers bridge the gap while finding their next home.

Inspections, Appraisal Gaps, and Deal Risk
Why inspections still matter, how appraisal shortfalls happen, and what negotiations look like.

Fair Market Value vs. “Real” Market Value
Why appraisals, CMAs, and online estimates can differ—especially in a rapidly shifting market.

What is Divorce at Altitude?

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How Substance Abuse Affects Child Custody Decisions | Episode 44

Mon, 09 Aug 2021 00:00:00 -0600

Substance Abuse and Parenting Time in Colorado Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya breaks down one of the most emotionally charged and misunderstood issues in Colorado family law: how alcohol or drug abuse affects custody and parenting time. Many parents assume that if the other parent has a substance abuse problem, they will automatically lose custody. In reality, Colorado courts take a far more nuanced, child-focused approach.

Ryan explains how courts balance a parent’s right to maintain a relationship with their child against the best interests and safety of the child under Colorado law. Substance abuse alone is not enough there must be a clear impact on parenting or a risk of harm to the child. The episode walks through how substance abuse issues are evaluated, what evidence matters, and what legal tools are available when a child’s safety is at stake.

Listeners will learn about court-ordered evaluations, including Certified Addiction Counselors (CACs), Child and Family Investigators (CFIs), and Parental Responsibilities Evaluators (PREs), as well as the role these professionals play in custody disputes. Ryan also explains common alcohol and drug testing options, such as ETG urine tests, hair follicle testing, portable breath tests, and monitoring tools like Soberlink—along with their strengths, limitations, and costs.

Episode Outline

How Substance Abuse Affects Custody Decisions
Why alcohol or drug use does not automatically eliminate parenting time in Colorado.

Best Interests of the Child Standard
How courts evaluate whether substance use actually impacts a child’s safety or well-being.

Court-Ordered Evaluations
The role of CACs, CFIs, and PREs in identifying and assessing substance abuse concerns.

Alcohol and Drug Testing Options
ETG tests, hair follicle testing, breath tests, and real-time monitoring tools like Soberlink.

Parenting Time Restrictions and Enforcement
What happens if a parent tests positive or appears impaired during parenting time.

Steps Courts Expect from Parents with Substance Issues
Treatment, testing, support programs, and demonstrating accountability.

What is Divorce at Altitude?

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Using Shadow and Rebuttal Experts for Business Valuations in a Divorce | Episode 43

Fri, 06 Aug 2021 00:00:00 -0600

Shadow and Rebuttal Experts in Colorado Divorce Cases

In this rebroadcast from the Colorado Family Law Institute, Ryan Kalamaya is joined by Erik Six, CPA/ABV, a respected business valuation and financial expert who regularly consults on complex divorce matters.

Ryan shares why this episode is more technical than most: it’s a real conference-style presentation designed to help attorneys, understand expert strategy, disclosures, and why “neutral” joint expert reports often carry real-world weight in court. Erik explains that a shadow expert isn’t something sneaky it’s a practical way to help a client understand the joint expert process, catch errors early, ensure complete data is shared, and often resolve disputes without needing a formal rebuttal report.

Guest Information

Erik Six is a certified public accountant and Accredited in Business Valuation (ABV) who focuses his practice on expert and consulting services in marital dissolution and complex financial divorce cases. He works with attorneys and clients to analyze business value, income, cash flow, and disputed financial issues often as a joint expert, shadow expert, or rebuttal expert depending on the needs of the case.

Episode Outline

Why Shadow and Rebuttal Experts Matter
How expert strategy can protect clients from bad assumptions and expensive litigation detours.

Common Expert Models in Divorce Cases
Dueling experts vs. joint experts, joint + shadow, joint + dueling, cooperative models, and court-appointed options.

Joint Expert Best Practices
Defining scope, avoiding ex parte communication, managing timelines, draft reviews, and payment logistics.

Disclosure Rules and Strategic Risks
How expert disclosures and information sharing matter—especially if a shadow later becomes a testifying rebuttal expert.

Business Valuation Fundamentals
Market, asset, and income approaches—and why the excess earnings method is common in professional practice valuation.

Where Valuations Swing the Most
Adjusted net income, reasonable compensation, weighting years, and capitalization multiples—and how small changes create big value swings.

Key Scenarios Where Shadow Experts Add Value
Separate property tracing disputes, questionable add-backs, and catching math/assumption errors before the report is final.

What is Divorce at Altitude?

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Motions To Restrict Parenting Time | Episode 42

Mon, 02 Aug 2021 00:00:00 -0600

Motion to Restrict Parenting Time in Colorado

In this short lesson on Divorce at Altitude, Ryan Kalamaya explains what happens when a parent believes a child is in imminent physical or emotional danger during the other parent’s parenting time.

Ryan breaks down what “endangerment” can look like (for example, a DUI with the child in the car, physical abuse, molestation, and certain forms of emotional abuse depending on the facts and the judge). He explains how courts often handle these filings quickly—sometimes through an on-call judge for urgent matters—and how the motion must be verified (signed under penalty of perjury). If the allegations support imminent danger, the court may order supervision right away and must then hold a hearing and rule within 14 days.

The episode also covers the practical reality of these hearings (often limited time, sometimes relaxed evidentiary rules depending on the judge) and the possible outcomes: denial (sometimes with attorney fees), reinstating unsupervised parenting time, continuing supervision, or crafting a tailored order. Ryan also highlights common safety tools—like alcohol or drug testing—when substance use is the driving concern, and warns that misuse of these motions can backfire, including potential attorney fee awards.

Episode Outline

What a Motion to Restrict Is
An emergency request to restrict unsupervised parenting time when a child is alleged to be in imminent danger.

The Legal Standard in Colorado
How C.R.S. § 14-10-129.4 triggers expedited court review and a required ruling within 14 days.

Examples of “Endangerment”
Common fact patterns (DUI with a child, physical/sexual abuse, and the gray area of emotional harm).

What Happens After Filing
Verified motions, how judges review allegations quickly, and why courts often use an on-call system for urgent matters.

The 14-Day Hearing
What these hearings typically look like (time limits, varying approaches to evidence) and what judges can order.

Possible Outcomes and Remedies
Denying the motion, continuing supervision, returning to unsupervised time, and using solutions like testing when substance use is the issue.

Risks of Misuse
Why filing without legitimate grounds can change the trajectory of a case and expose a party to attorney fees.

What is Divorce at Altitude?

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Attacking and Defending Premarital Agreements | Episode 41

Thu, 29 Jul 2021 00:00:00 -0600

Attacking and Defending Premarital Agreements in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha dive into attacking and defending premarital agreements (prenups) in Colorado divorce cases. They explain why prenup litigation often turns on motivation and timing, and why the choice-of-law clause matters when an agreement points to another state’s rules (like California or Illinois) instead of Colorado.

Ryan walks through Colorado’s evolving legal framework—from the pre-1986 common law era (including Newman) to the Colorado Marital Agreement Act (effective July 1, 1986) and later updates tied to the Uniform Premarital and Marital Agreements Act (effective July 1, 2014). The discussion highlights the two big categories of challenges—substantive vs. procedural fairness—and why Colorado generally focuses far more on procedure (voluntariness, disclosure, independent counsel, timing) than on whether the deal “feels fair,” especially for property division. They also cover key exceptions where fairness/public policy can matter more, including spousal maintenance (unconscionability at divorce) and attorney fee waivers (including the impact of Eichler).

Episode Outline

Where the Analysis Starts
Motivations for enforcing vs. challenging a prenup and why the governing law (choice of law) can change everything.

Colorado’s Prenup “Regimes” Over Time
How the law shifted from case-law rules to statutory frameworks (1986 and 2014 changes).

Procedural vs. Substantive Fairness
Why Colorado often enforces harsh property terms if procedure was fair, and where courts do scrutinize outcomes.

Maintenance and Attorney Fees Exceptions
How unconscionability at the time of divorce can impact maintenance waivers, and why fee waivers can fail under public policy.

Procedural Attacks That Actually Move the Needle
Timing, voluntariness, duress claims, independent counsel, and (most importantly) financial disclosure problems.

Other Challenge Theories
Public policy provisions, fraud/non-disclosure, revocation, repudiation, and abandonment through conduct.

How These Cases Are Litigated
Bifurcation, written discovery, depositions (lawyers/notaries/witnesses), and attorney file production to prove what really happened.

What is Divorce at Altitude?

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Parental Relocation in a Colorado Divorce | Episode 40

Mon, 26 Jul 2021 00:00:00 -0600

Parental Relocation in Colorado Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya breaks down one of the most complex and emotionally charged issues in Colorado family law: parental relocation. Ryan explains why relocation cases are often described as the “nuclear bomb” of divorce litigation, frequently creating clear winners and losers and requiring courts to make deeply difficult decisions about children and parenting time.

The episode focuses on the critical legal distinction between relocation requests made during a divorce versus those made after a divorce decree has entered. Ryan explains how Colorado law treats these situations differently, highlighting the impact of key Colorado Supreme Court and appellate decisions, including Spahmer, Morgan, and Cieslik. He walks listeners through how courts analyze best-interest factors, why judges must assume a relocating parent has already moved in certain cases, and how post-decree relocation adds an additional layer of statutory factors under Colorado law.

Ryan also discusses the practical realities of relocation cases, including parenting schedules, travel logistics, school considerations, extended family, and the role of professionals such as Child and Family Investigators and Parental Responsibilities Evaluators. The episode emphasizes why relocation disputes almost always require experienced legal guidance and careful strategic planning.

Episode Outline

Why Parental Relocation Is So Difficult
An overview of why relocation cases are among the most challenging issues Colorado courts face.

Relocation During a Divorce
How Colorado courts analyze relocation requests made before a divorce is finalized and the legal framework established by Spahmer.

Relocation After a Divorce Decree
The different legal standard applied to post-decree relocation cases and the additional statutory factors courts must consider.

Key Factors Courts Evaluate
Reasons for relocation, objections, parenting history, education, extended family, and the child’s best interests.

Practical Considerations in Relocation Cases
Travel logistics, age of the children, parenting schedules, and whether a workable plan can be created.

Why Legal Guidance Matters
The importance of consulting an experienced Colorado family law attorney when relocation is at issue.

What is Divorce at Altitude?

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Divorce Tips for Dads with Tommy Maloney | Episode 39

Thu, 22 Jul 2021 00:00:00 -0600

Fathers, Divorce, and Blended Families

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Tommy Maloney, a Colorado-based author, speaker, and host of the Blending the Family podcast. Tommy shares his personal journey through divorce, fatherhood, and remarriage, offering practical insight and encouragement for dads navigating separation, co-parenting, and blended family life.

Tommy opens up about learning of his divorce unexpectedly, the emotional toll of the process, and the mistakes he made early on—especially moving forward without legal guidance. He explains how those experiences inspired his first book, 25 Tips for Divorced Dads, and his mission to support fathers who want to stay meaningfully connected to their children after divorce.

The conversation also explores stoicism as a powerful mindset for divorced fathers, focusing on emotional control, personal responsibility, and resilience. Ryan and Tommy discuss how stoic principles can help dads manage conflict, reduce stress, and show up as their best selves for their kids. The episode wraps with insights into blended families, positive fatherhood, and Tommy’s approach to redefining “step-parenting” as a bonus—not a burden.

Guest Information

Tommy Maloney is an author, speaker, and podcast host dedicated to supporting fathers and blended families. After experiencing divorce and remarriage firsthand, Tommy created Blending the Family to provide real-world guidance, encouragement, and honest conversations for dads navigating co-parenting, mental health, and family transitions.

Episode Outline

Life After Divorce for Fathers
Tommy shares his personal divorce story and the emotional challenges of navigating fatherhood post-divorce.

Staying Connected with Kids After Divorce
How divorced dads can maintain strong relationships with their children despite limited parenting time.

Stoicism and Emotional Resilience
Using stoic principles to manage anger, stress, and conflict during and after divorce.

Blended Families and Bonus Parenting
Reframing step-parenting as a positive “bonus” role in a blended family.

Supporting Positive Fatherhood
Encouraging healthy, engaged, and emotionally present fatherhood after divorce.

What is Divorce at Altitude?

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Parenting Plan Tips for Teenagers | Episode 38

Mon, 19 Jul 2021 00:00:00 -0600

Parenting Plans for Teenagers in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya discusses the importance of creating a comprehensive and practical parenting plan for teenagers during divorce. As teenagers navigate growing independence, it is essential to strike a balance between granting them autonomy and maintaining necessary parental control. Ryan emphasizes that teenagers still need parental guidance and a stable home environment, even as they begin to establish their own schedules and relationships outside of the family.

Ryan talks about how the parenting plan should include provisions for important issues like curfews, driving, dating, and communication between parents. He also discusses how to handle a teenager’s busy social life, school activities, and friendships, ensuring that both parents are aligned on expectations and support. Additionally, Ryan addresses the potential benefits of counseling for teenagers struggling with the emotional impact of divorce.

Episode Outline

Parenting Teens in Divorce
Discussing how to balance involvement in a teenager’s life while respecting their need for independence.

Teenager’s Schedule and Independence
Navigating the challenges of managing a teenager’s busy life, including school, activities, and friends, within a parenting plan.

Aligning Parenting Expectations
How to ensure both parents are on the same page regarding curfews, driving, and dating.

Emotional Support for Teenagers
The role of counseling and therapy in helping teens cope with the emotional impact of divorce.

What is Divorce at Altitude?

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Top 5 Insights on Divorce for Business Owners with Raif Palmer | Episode 37

Thu, 15 Jul 2021 00:00:00 -0600

Divorce at Altitude: Navigating Divorce with Rafe Palmer – Author of Just Want This Done

In this episode of Divorce at Altitude, Ryan Kalamaya speaks with Chicago divorce lawyer, Rafe Palmer, author of Just Want This Done. Rafe brings valuable insights on managing divorce strategically, avoiding the pitfalls of emotional litigation, and the critical importance of setting realistic goals. They discuss how to keep a business-like approach to divorce, minimize costs, and prioritize outcomes that benefit both parties.

Guest Information
Rafe Palmer is a respected Chicago divorce attorney and the author of Just Want This Done, a practical guide to navigating the divorce process with a clear, level-headed approach. Drawing on his own experience and the lessons learned throughout his career, Rafe emphasizes the importance of thoughtful, strategic decisions in divorce—whether negotiating settlements or preparing for trial.

Episode Outline

The Trap of Litigation
Smart people often get caught in the emotional turmoil of divorce, leading to costly and prolonged litigation. Rafe explains why emotional decisions can derail an otherwise rational divorce and stresses the importance of a strategic, business-like approach.

Knowing Your Goals and Expectations
Rafe discusses the need for clarity in setting realistic divorce goals, both financially and emotionally. He offers advice on how to avoid common pitfalls and stay focused on achieving the best outcome for both parties involved.

Choosing the Right Divorce Lawyer
Rafe talks about the critical role of a well-qualified lawyer in navigating divorce. He explains why hiring a divorce lawyer with expertise in both negotiation and litigation can make all the difference in securing a favorable outcome.

Taking a Business Approach to Divorce
For business owners, Rafe highlights the importance of viewing divorce as a business transaction. Understanding costs, evaluating potential outcomes, and making informed decisions throughout the process are key to minimizing stress and financial impact.

The Power of Kindness in Divorce
A respectful, cooperative approach leads to better long-term results. Rafe stresses the importance of maintaining a functional relationship with your ex, especially if children are involved, and how being civil can benefit everyone in the long run.

What is Divorce at Altitude?

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Parenting Plan Tips for School Age Children | Episode 36

Mon, 12 Jul 2021 00:00:00 -0600

Developing a Parenting Plan for School-Aged Children: A Guide to Custody and Scheduling

In this episode of Divorce at Altitude, Ryan Kalamaya dives into the essentials of creating a parenting plan for school-aged children (ages 5–13). He offers practical advice on developing a schedule that prioritizes your child’s needs while ensuring that both parents maintain a healthy, supportive role in their lives.

Episode Outline

1. Comfort with Separation
School-aged children are typically more comfortable with separations from their parents compared to younger kids. They’re more independent, enjoy spending time with friends, and participate in extracurricular activities. Your parenting plan should reflect these developmental milestones by allowing the child to have consistent and predictable time with both parents.

2. Communication and Technology
As children reach school age, they can handle phone calls or video chats with the other parent. However, it’s important to align with the other parent on the appropriate time and frequency for communication. Keep in mind that allowing excessive texting or FaceTiming during the other parent’s time could lead to conflict and needs to be addressed in the plan.

3. Shared Responsibilities
A school-aged child can benefit from both parents actively participating in school activities, such as homework, parent-teacher conferences, and extracurriculars. Parents should discuss and decide how they’ll share these responsibilities and agree on attending events like school plays or sports games together, if feasible.

4. Ideal Custody Schedules
For children in this age group, a 2-2-5-5 or a week-on/week-off schedule can be more appropriate, as long as both parents can remain flexible. The key is to ensure the child’s routine isn’t disrupted too much and that both parents maintain consistent involvement.

5. Media and Socialization
As children become exposed to more media, including TV, friends, and other social influences, parents should align on what’s appropriate. Discussions about violence, sexuality, and substance abuse should be addressed so both parents are on the same page regarding what the child is exposed to.

6. Family Chores and Expectations
School-aged children are old enough to contribute to family chores. It’s important for parents to communicate their expectations clearly, even if they differ between households.

What is Divorce at Altitude?

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The Positive Divorce Movement and Better Apart Method with Gabrielle Hartley | Episode 35

Thu, 08 Jul 2021 00:00:00 -0600

Navigating Divorce with Gabrielle Hartley: Mediation, Mindfulness, and the Better Apart Method

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Gabrielle Hartley, a family lawyer, mediator, and author of Better Apart: The Radically Positive Way to Separate. Gabrielle shares her journey from being a sports agent to a family lawyer and how her personal experiences with divorce shaped her unique approach to helping clients navigate the emotional and legal complexities of separation.

Guest Information
Gabrielle Hartley is a seasoned family lawyer, mediator, and author of Better Apart. With over 25 years of experience, Gabrielle specializes in helping individuals and families navigate divorce with mindfulness, promoting positive resolutions that prioritize both emotional well-being and practical outcomes. She is also the creator of the Better Apart method, a holistic approach to mindful divorce.

Episode Outline

Introduction: Gabrielle Hartley’s Journey
Gabrielle discusses her background, transitioning from a sports agent to a family lawyer. She reflects on how her personal experiences with her parents' divorce led her to focus on helping others navigate the challenges of separation in a more compassionate way.

The Impact of Divorce on Families
Gabrielle emphasizes that it’s not divorce itself that causes harm, but the conflict. She shares tips on reducing the emotional toll on children by focusing on minimizing conflict and managing the process mindfully.

When to Litigate vs. Mediate
Gabrielle explains when a case is appropriate for litigation versus mediation. While most cases are suited for mediation, she stresses the importance of being fully prepared with the right financial disclosures and a clear understanding of potential outcomes before committing to mediation.

The Positive Divorce Movement
Gabrielle introduces the Positive Divorce Movement, which encourages a reframing of divorce from failure to an opportunity for growth. She advocates for divorces that support children and create positive outcomes for the whole family.

Mediation and Discovery
Gabrielle emphasizes the importance of transparency and thorough discovery in mediation. She advises clients to have full financial disclosures to ensure fair and equitable settlements.

What is Divorce at Altitude?

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Parenting Plan Tips for Newborns & Toddlers | Episode 34

Mon, 05 Jul 2021 00:00:00 -0600

Parenting Time for Newborns, Toddlers, and Young Children: Considerations for Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya discusses key factors to consider when creating a parenting plan for newborns, toddlers, and preschool-aged children. Drawing on personal experience as a father, Ryan provides practical advice for divorced parents to ensure their young children have a consistent and nurturing routine while maintaining strong relationships with both parents.

Episode Outline

Introduction: The Unique Needs of Newborns and Toddlers
Ryan opens by discussing the distinct challenges of formulating a parenting plan for newborns and toddlers, emphasizing the need for consistency and communication between parents.

Parenting Plans for Newborns
For newborns, Ryan suggests creating a predictable schedule that covers feeding, sleeping, and diaper changes. He highlights the importance of frequent contact with both parents, particularly for first-time parents, and the need for a logbook to track the baby’s routine.

Considerations for Overnights
Ryan discusses the unique issues parents face when considering overnights for the father, especially if the baby is breastfeeding. He also reviews potential schedules for newborns, such as alternating every two days or a three-day rotation.

Parenting Plans for Toddlers
As toddlers become more independent and emotionally attached to caregivers, Ryan advises creating a predictable schedule and addressing common challenges like separation anxiety and attachment issues. He recommends incorporating FaceTime or video calls for toddlers to stay connected with the other parent.

Parenting Plans for Preschoolers
Preschoolers, like babies and toddlers, thrive on consistency, and Ryan emphasizes the need for frequent time with both parents. He suggests including provisions for daycare and preschool to ensure social opportunities and encourages parents to align on decisions related to early childhood education.

Conclusion: Flexibility and Communication
Ryan concludes by stressing the importance of flexibility and communication between parents to ensure the child's emotional well-being and developmental needs are met. He encourages parents to adapt the plan as their child grows and their needs evolve.

What is Divorce at Altitude?

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Professional Athletes, Entertainers and Divorce with Evan Schein | Episode 33

Thu, 01 Jul 2021 00:00:00 -0600

Navigating Divorce with Professional Athletes and Entertainers: Insights with Evan Schein

In this episode of Divorce at Altitude, Ryan Kalamaya sits down with Evan Schein, a New York City divorce lawyer specializing in sports and entertainment law. Evan shares his unique journey from working as an NFL sports agent to becoming a top divorce attorney. He discusses the challenges of navigating divorce cases involving professional athletes and entertainers, highlighting issues like high-value contracts, child support, and the impact of social media on public figures' personal lives.

Guest Information
Evan Schein is a divorce attorney and partner at Birkman, Voce, Newman, and Schein in New York City. With a background as an NFL sports agent, Evan specializes in matrimonial law, representing professional athletes and entertainers in divorce cases.

Episode Outline

Introduction to Evan’s Background
Evan discusses his transition from being an NFL sports agent to becoming a divorce lawyer. He explains how his experience in the sports industry helped shape his approach to family law.

Unique Aspects of Divorce for Professional Athletes
Evan outlines the financial complexities of divorces involving athletes, such as incentive-based contracts, the short career span of NFL players, and the challenges of child support when an athlete retires.

Steve Sewell Case: Incentive-Based Contracts
Evan explains how incentive-based contracts, as seen in the case of former NFL player Steve Sewell, can complicate divorce settlements, especially when earnings are tied to playing time or playoff appearances.

Navigating Baseball Contracts
Evan discusses the differences between NFL contracts and Major League Baseball contracts, focusing on the guaranteed nature of baseball deals and the challenges in dividing assets during a divorce.

Social Media and Public Figures in Divorce
Evan emphasizes the importance of handling social media carefully during a divorce, especially for public figures. He shares strategies for keeping a client’s personal life private and avoiding negative publicity.

Prenups and Divorce
Evan explains the role of prenuptial agreements in protecting assets and avoiding public disputes in high-profile divorces, particularly for athletes and entertainers.

What is Divorce at Altitude?

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Holiday Visitation Schedules | Episode 32

Mon, 28 Jun 2021 00:00:00 -0600

Ryan Kalamaya gives tips for holiday visitation schedules in a parenting plan.

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting.

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What is Divorce at Altitude?

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Colorado Child Custody Evaluations with Barbara Shindell | Episode 31

Thu, 24 Jun 2021 00:00:00 -0600

Navigating Parental Responsibility Evaluations: Insights with Barbara Shindell

In this episode of Divorce at Altitude, Amy Goscha sits down with Barbara Shindell, an expert in parental responsibility evaluations (PRE), to discuss the role of a PRE in divorce cases. With extensive experience in mediation, early neutral assessments, and as a family therapist, Barbara explains the process of evaluating families in conflict and offering recommendations that prioritize the well-being of the children involved.

Guest Information
Barbara Shindell is a licensed therapist with decades of experience specializing in family dynamics, parental responsibility evaluations, and early neutral assessments. She works with divorcing families to foster healthy co-parenting relationships and create effective parenting plans.

Episode Outline

Introduction to Barbara's Background
Barbara discusses her journey from general social work to specializing in family law and working with divorcing parents to improve outcomes for children.

Early Neutral Assessment (ENA)
Barbara explains the ENA process, where parents can work together with the help of a neutral evaluator to create a parenting plan without entering a lengthy court battle.

Transitioning to Parental Responsibility Evaluations (PRE)
Barbara provides an overview of the PRE process, which involves evaluating both parents, their relationships with the children, and making recommendations to the court. She outlines the roles of mental health professionals in this process.

The Importance of Child-Focused Communication
Barbara emphasizes the significance of putting the children’s needs first, ensuring that parents remain child-focused in their interactions during divorce and throughout the PRE process.

How PREs Can Address High-Conflict Cases
Barbara shares examples of situations where a PRE might be necessary, such as cases involving substance abuse, domestic violence, or parents who are unable to resolve disputes amicably.

Working with Parents and Attorneys
Barbara discusses her approach to collaborating with both parents and attorneys, including handling emotional dynamics and ensuring both parents feel heard throughout the process.

Challenges in the PRE Process
Barbara explains common challenges, such as when one parent is less engaged in the process, and offers strategies to overcome these obstacles.

What is Divorce at Altitude?

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70/30 & 80/20 Parenting Schedules in a Divorce | Episode 30

Mon, 21 Jun 2021 00:00:00 -0600

Ryan Kalamaya discusses 70/30 and 80/20 parenting schedules in a child custody arrangement in a divorce.

Make sure to follow us to continue the conversation on Facebook, LinkedIn, and Twitter.

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting.

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What is Divorce at Altitude?

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Proving Separate Property in a Divorce with Andy Baum | Episode 29

Wed, 16 Jun 2021 21:00:00 -0600

Understanding Separate Property and Tracing in Divorce with Andy Baum

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Andy Baum, a Certified Public Accountant specializing in forensic accounting and business valuation in high-net-worth divorce cases. Andy explains the complexities of tracing separate property and determining its value in divorce. He also compares the laws in Colorado and California, highlighting the challenges of establishing separate property in a divorce.

Guest Information
Andy Baum is a CPA at Harper Hofer & Associates, specializing in forensic accounting, business valuation, and litigation support in divorce cases. With extensive experience in high-net-worth divorces, Andy helps clients trace separate property and provides expert analysis on asset division.

Episode Outline

Introduction to Separate Property and Tracing
Andy defines separate property and explains the process of tracing assets, emphasizing its importance in divorce cases.

Colorado vs. California Laws
Andy compares California’s well-defined rules for separate property with Colorado’s flexible approach. He discusses how the absence of clear guidance in Colorado can lead to complications in tracing separate property.

Tracing in Action: Hypothetical Case
Using the case of Eric and Melanie Wolf, Andy explains how separate property like stock portfolios and businesses is traced. He outlines how increases in value during the marriage can complicate the classification of property.

Commingling of Assets
Andy describes how commingling, such as mixing separate property with marital funds, complicates tracing and requires careful documentation to distinguish the original value.

Loans, Real Estate, and Property Classification
Andy explains the impact of loans on separate property, particularly when used as collateral for a marital asset like a home, and how these situations affect the asset’s classification.

Stock Options and Tax Liabilities
Ryan and Andy discuss stock options, including how they are treated in divorce cases, and the tax implications of separate property, especially when it’s used to pay for marital liabilities.

What is Divorce at Altitude?

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60/40 Parenting Schedules in a Divorce | Episode 28

Tue, 15 Jun 2021 00:00:00 -0600

Exploring Parenting Time Schedules: Understanding the 60/40 Arrangement in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya discusses various parenting time schedules, focusing on the 60/40 arrangement. Ryan breaks down the advantages and challenges of a 60/40 schedule and explains how it can work in different family situations. He also shares important considerations for parents when determining if this arrangement is the right fit for their children’s best interests.

Episode Outline

Introduction to 60/40 Parenting Time
Ryan introduces the concept of the 60/40 parenting time schedule and why it's a popular choice for parents who want substantial time with their children, but find a 50/50 schedule too complex.

Options for 60/40 Schedules
Ryan explains different types of 60/40 arrangements, such as the "43" schedule, where one parent has the child from Sunday to Wednesday, and the other parent has them from Wednesday to Saturday. He also discusses the extended weekend model, where one parent has the children from Friday to Monday.

Key Considerations for a 60/40 Schedule
Ryan shares factors to consider when determining if a 60/40 schedule is appropriate, including the parents’ proximity to each other, communication skills, and the child’s ability to adapt to the schedule.

Advantages of a 60/40 Schedule
Ryan highlights the benefits of a 60/40 schedule, such as providing children with significant time with both parents while minimizing the burden of frequent exchanges.

When a 60/40 Schedule Works Best
Ryan discusses how a 60/40 schedule works well for parents who want substantial time with their children but find a 50/50 schedule too complicated due to the number of exchanges or logistical challenges.

Conclusion
Ryan wraps up the episode by emphasizing the importance of tailoring the parenting time arrangement to the unique needs of the family and the child’s development. He encourages parents to communicate openly and work together to create a schedule that benefits everyone.

What is Divorce at Altitude?

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Colorado Parenting Plans with Joan McWilliams | Episode 27

Thu, 10 Jun 2021 01:00:00 -0600

Navigating Parenting Plans: Key Insights for Divorce and Co-Parenting

In this episode of Divorce at Altitude, Amy Goscha is joined by Joan McWilliams, an expert mediator and author, to discuss the essential components of parenting plans in divorce. Joan shares her extensive experience in mediation, focusing on child-related issues post-divorce. She explains how Colorado courts address parenting time and decision-making, providing valuable insights for parents and attorneys navigating the divorce process.

Guest Information
Joan McWilliams is a seasoned mediator and author specializing in family law. With over 30 years of experience, Joan has worked extensively with high-conflict family cases, ensuring children's needs are met while helping parents maintain a healthy co-parenting relationship post-divorce. She has authored two books on family dynamics and is a trusted advisor in the field.

Episode Outline

Introduction to Parenting Plans
Joan McWilliams explains the importance of a parenting plan and how it becomes a legally binding order that governs how parents will make decisions for their children and share parenting time.

Key Components of a Parenting Plan
Joan outlines the three main sections of a parenting plan: decision-making (health, education, and welfare), parenting time (including holiday and vacation schedules), and dispute resolution methods.

The Best Interest of the Child
Joan discusses the legal factors that determine the best interests of the child, including the wishes of the parents and children, the child’s relationship with both parents, and the ability of each parent to support the relationship with the other.

Addressing Complex Issues in Parenting Plans
Joan highlights common challenges, such as deciding on schooling, healthcare, and extracurricular activities, and how to manage conflicting decisions between parents.

Creating Fair and Flexible Parenting Time
Joan explains how parenting time is adjusted according to the child’s age, developmental needs, and the parents' schedules, ensuring both parents can bond with the child.

The Importance of Co-Parenting and Flexibility
Joan stresses the significance of maintaining a child-first approach and flexibility between parents, especially in navigating disagreements and maintaining a healthy co-parenting relationship.

What is Divorce at Altitude?

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Equal Parenting Time Schedules in a Divorce | Episode 26

Mon, 07 Jun 2021 00:00:00 -0600

One of the main concerns for clients going through a divorce with kids, is what the parenting time schedules will look like.

In most divorce cases, both parties opt to follow an equal, or 50/50 parenting time schedule.

Ryan Kalamaya explains common equal parenting time schedules and the pros and cons of each.

In This Episode:

- What equal parenting time schedule possibilities are there in a divorce?

- What are the benefits for equal parenting time schedules?

- When do equal parenting time schedules work in most divorces?

Make sure to follow us to continue the conversation on Facebook, LinkedIn, and Twitter.

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting.

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What is Divorce at Altitude?

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Private Judging in a Divorce with Hon. Angela Arkin | Episode 25

Thu, 03 Jun 2021 00:00:00 -0600

Exploring Alternative Dispute Resolution in Divorce: Private Judging, Mediation, and Special Masters with Judge Angela Arkin

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Judge Angela Arkin, a seasoned legal professional who transitioned from district court to private judging, mediation, and arbitration. With over a decade of experience managing domestic relations cases, Judge Arkin shares valuable insights on alternative dispute resolution tools in divorce cases, including private judging, mediation, and special masters. She explains how these options offer flexibility, reduce court backlogs, and help families resolve complex issues more efficiently.

Guest Information
Judge Angela Arkin is a former district court judge who now works as a private judge, mediator, and arbitrator. With a background in domestic relations law, Judge Arkin helps families navigate complex divorce and custody issues efficiently. She also serves as a special master in high-conflict cases, helping to resolve disputes involving child custody, and marital agreements.

Episode Outline

Introduction to Private Judging
Judge Arkin explains the role of a private judge in family law, highlighting how it offers a more flexible and efficient alternative to traditional court processes.

The Benefits of Private Judging
She discusses how private judging can expedite cases, offering more control to the parties involved and avoiding delays from court backlogs.

Special Masters in Domestic Relations
Judge Arkin outlines the role of a special master in resolving complex issues, such as business valuations or prenuptial agreements, when courts lack the time or resources to address them.

Mediation Techniques
Judge Arkin shares her mediation approach, emphasizing the importance of preparation and collaboration in helping parties settle their disputes.

Mediation vs. Arbitration
She explains the differences between mediation, where parties reach a mutual agreement where a neutral party makes a binding decision.

Real-Life Case Studies
Judge Arkin provides examples from her experience, showing how private judging, special masters, and mediation can resolve high-conflict and complex cases efficiently.

Advice for Attorneys and Clients
She offers practical tips for attorneys and clients on when to use alternative dispute resolution methods to achieve better outcomes.

What is Divorce at Altitude?

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Child Custody and Parenting in a Colorado Divorce | Episode 24

Mon, 31 May 2021 00:00:00 -0600

Understanding Parenting Time and Decision-Making in Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya provides an overview of how Colorado courts determine parenting time and decision-making during divorce. In Colorado, the legal terms have changed from custody to “parenting time” and “decision-making,” focusing on the best interests of the children rather than ownership.

Ryan explains the key factors courts use to determine parenting time, including the wishes of the parents and children, the child’s adjustment to home and school, mental and physical health, and the ability of each parent to encourage a positive relationship with the other. The episode also delves into decision-making responsibilities, covering important areas like education, extracurricular activities, and health.

Episode Outline

Introduction to Parenting Time and Decision-Making
Ryan introduces how Colorado courts determine parenting time and decision-making responsibilities during divorce.

Key Factors for Parenting Time
Ryan outlines the key factors courts use to decide parenting time, such as the parents' wishes, the child’s adjustment, health, and the ability to foster a positive relationship between parents.

The Impact of Children’s Wishes
Children’s preferences are considered, but Ryan explains that their wishes don't determine custody until they are 18, with the court factoring in their age and maturity.

Adjustments and Parent Involvement
Ryan discusses the role of sibling relationships, grandparents, and past parental involvement in determining parenting time.

Determining Decision-Making
Ryan explains the key factors courts weigh when assigning decision-making, including education, health, and extracurricular activities.

How Parenting Plans Are Created and Modified
Ryan talks about how parenting plans are formed and how they can be modified based on the child’s best interests or safety concerns.

Conclusion
Ryan concludes by emphasizing the importance of understanding these factors in creating a parenting plan that serves the child’s best interests.

What is Divorce at Altitude?

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Understanding CFI or PRE Reports in a Colorado Custody Battle with John Zervopoulos | Episode 23

Thu, 27 May 2021 21:00:00 -0600

Understanding the Role of Mental Health Experts in Family Law: Evaluating Custody Evaluations
In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Dr. John Zervopoulos, a board-certified forensic psychologist, to discuss the role of mental health professionals in child custody evaluations. Dr. Zervopoulos, a seasoned consultant with over 400 forensic cases, introduces his PLAN Model, a four-step tool for evaluating mental health reports in divorce cases.

He explains how attorneys can assess an expert's qualifications, methods, reasoning, and recommendations to ensure the reliability of custody evaluations. Listeners will learn how to evaluate expert credibility, identify biases, and strengthen their legal arguments in custody disputes.

Guest Information
Dr. John Zervopoulos is a board-certified forensic psychologist and lawyer, helping family law attorneys navigate mental health expert testimony. He developed the PLAN Model, a tool for evaluating mental health reports, with over 400 forensic cases and 100+ expert qualifications.

Episode Outline
Introduction to Dr. John Zervopoulos
Ryan introduces Dr. Zervopoulos, who developed the PLAN Model for evaluating child custody evaluations and mental health expert reports.

Step 1: Expert Qualifications
The importance of assessing the qualifications of mental health professionals, including their training and specialty areas.

Step 2: Methods and Reliability
Evaluating the methods used in psychological evaluations, including interviews, testing, and collateral sources.

Step 3: Analyzing Conclusions and Inferences
Understanding the reasoning behind expert conclusions and ensuring they align with professional standards.

Step 4: Opinions and Recommendations
Assessing the practical application of expert recommendations and ensuring they are realistic and grounded in the evaluation’s findings.

Cross-Examining Mental Health Experts
Dr. Zervopoulos offers tips for lawyers on how to effectively cross-examine mental health experts in divorce and custody cases.

What is Divorce at Altitude?

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Divorce Settlement Documents in Colorado | Episode 22

Mon, 24 May 2021 00:00:00 -0600

Settling Your Divorce in Colorado: Parenting Plans and Separation Agreements

In this episode of Divorce at Altitude, Ryan Kalamaya explains the process of resolving a divorce in Colorado through settlement, focusing on two key documents: the parenting plan and the separation agreement. When you and your spouse can agree on some or all issues in your divorce, these documents can replace the need for a contested court hearing. The parenting plan addresses parenting time, decision-making, child support, and health insurance for children, while the separation agreement outlines the division of property, maintenance (alimony), and other financial considerations.

Ryan explains how the court reviews these documents to ensure they are fair and in the best interest of the children, highlighting the importance of having a comprehensive agreement in place. If both parties agree, the divorce can be finalized without a court appearance through an affidavit of decree without appearance, streamlining the process. Ryan also emphasizes the court’s duty to ensure that both the separation agreement and parenting plan are fair and just, and that they meet legal requirements.

Episode Outline

Introduction to Settling a Divorce
An overview of how settling your divorce through a parenting plan and separation agreement can avoid a contested hearing.

The Parenting Plan
What the parenting plan includes, such as decision-making, parenting time, and child support, and how it is reviewed by the court.

The Separation Agreement
What is covered in the separation agreement, including property division, maintenance, and attorney’s fees.

The Role of the Court in Reviewing Agreements
How the court ensures the agreements are fair, not unconscionable, and in the best interest of children.

Affidavit of Decree Without Appearance
How the court can finalize a divorce without a hearing when both parties agree on the terms.

Final Decree
What the final decree includes, such as the incorporation of the parenting plan and separation agreement, and how it addresses issues like name restoration and support orders.

What is Divorce at Altitude?

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Permanent Orders Hearing in a Colorado Divorce | Episode 21

Mon, 17 May 2021 00:00:00 -0600

Understanding Permanent Orders in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya breaks down the process of permanent orders in a Colorado divorce. After mediation and discovery, if disputes remain unresolved, the case proceeds to a final trial where the judge will make decisions on critical issues like parenting time, property division, maintenance (alimony), and child support. Ryan explains what to expect during this trial, how evidence and testimony are presented, and the general sequence of decisions made by the court.

The episode provides a comprehensive look at the key issues the court will consider: the allocation of parenting time and decision-making responsibilities, dividing marital property, determining alimony, calculating child support, and addressing attorney’s fees. This insight will help clients understand what to expect at this stage and the factors that influence the judge’s decisions.

Episode Outline

Introduction to Permanent Orders
What permanent orders are and when they come into play during the divorce process.

Issues Considered by the Court
How the court handles parenting time, decision-making, property division, maintenance, child support, and attorney’s fees during a divorce trial.

Presentation of Evidence
The types of evidence (like bank statements and tax returns) that can be introduced during the hearing and how they influence the court’s decisions.

Child Support and Maintenance
How maintenance (alimony) and child support are determined based on property division and income.

Duration of the Hearing
What to expect regarding the length of the hearing and the factors that may cause it to last multiple days or weeks.

Final Considerations
How the court will allocate responsibility for attorney’s fees and other factors that influence the divorce outcome.

What is Divorce at Altitude?

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Trusts and Divorce with Kim Willoughby | Episode 20

Fri, 14 May 2021 08:00:00 -0600

Trusts and Estate Planning in Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Kim Willoughby, a leading attorney with expertise in complex financial divorce cases and estate planning. Kim shares her wealth of knowledge on the role of trusts in divorce proceedings, explaining how they can impact the division of assets and financial settlements. From revocable trusts to irrevocable trusts, Kim breaks down how different types of trusts can be used to protect assets and influence divorce outcomes.

Kim discusses the distinction between revocable and irrevocable trusts and how the classification of a trust can affect its inclusion as marital property during a divorce. She also explores common estate planning strategies, such as A-B trusts, dynasty trusts, and qualified personal residence trusts (QPRTs), explaining how these tools are designed to minimize estate taxes but can complicate divorce settlements. The episode also covers the importance of understanding the trustee's role and the challenges faced when dealing with complex trusts in divorce.

Guest Information
Kim Willoughby is a top family law and estate planning attorney with extensive experience in handling complex financial divorce cases. A member of the American Academy of Matrimonial Lawyers, Kim has been recognized for her expertise in both divorce law and estate planning, helping clients navigate sophisticated financial matters and manage trusts during divorce.

Episode Outline

Introduction to Trusts in Divorce
Kim explains what a trust is, its role in estate planning, and how it can impact divorce settlements.

Revocable vs. Irrevocable Trusts
The key differences between revocable and irrevocable trusts and how they are treated in divorce cases.

Estate Planning Trusts
How trusts like A-B trusts, dynasty trusts, and QPRTs are used in estate planning and their implications in divorce.

The Role of the Trustee
Kim discusses the role of the trustee in managing assets in a trust and how it affects divorce proceedings.

Handling Trusts in Divorce
What to do when a spouse is the beneficiary of a trust, including the impact of discretionary and irrevocable trusts on the division of assets.

Estate Planning and Divorce Best Practices
Advice for family law attorneys on how to handle trusts in divorce cases and when to consult an estate planning attorney.

What is Divorce at Altitude?

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Colorado Divorce Mediation | Episode 19

Mon, 10 May 2021 00:00:00 -0600

Understanding Mediation in Colorado Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya dives into the process of mediation and its critical role in resolving divorce disputes in Colorado. Mediation is a voluntary and confidential process where an independent, neutral third-party, often a family law attorney or former judge, helps facilitate settlement discussions between divorcing parties.

Ryan explains how judges generally order mediation before any hearings, unless the situation is an emergency, and discusses the high success rate of mediation—around 85%. He also highlights the different types of mediation, particularly shuttle mediation, where the mediator moves between separate rooms or Zoom breakout rooms to facilitate communication and resolution. Mediation is especially helpful when parties disagree, even on simple matters, and a mediator can help bridge those gaps.

While mediation is not always suitable for every case—especially in high-conflict matters like parental relocation or situations involving domestic violence—judges highly encourage it as a way to resolve disputes without the need for a court hearing. Ryan discusses how mediation can settle all or part of a divorce case, such as resolving parenting issues while leaving financial matters to be decided later.

This episode provides valuable insight into the benefits and mechanics of mediation for divorcing couples in Colorado, offering a way to navigate difficult discussions and work towards a resolution in a less adversarial manner.

Episode Outline

Introduction to Mediation in Divorce
What mediation is and how it’s used to resolve disputes in Colorado divorce cases.

The Role of a Mediator
How neutral third parties, like family law attorneys or former judges, help facilitate communication and settlement.

Types of Mediation
An explanation of shuttle mediation and how it works, both in-person and on Zoom.

When Mediation Works Best
How mediation is most effective in resolving issues like parenting time or financial matters, and when it may not be suitable.

Domestic Violence and Mediation
How mediation can be adapted to protect parties in cases involving domestic violence or protection orders.

Judicial Support for Mediation
Why judges encourage mediation and how it can help resolve disputes outside of a court hearing.

What is Divorce at Altitude?

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Surviving an Abusive Spouse and Thinking Positively about Divorce with Jennifer Coulson | Episode 18

Thu, 06 May 2021 00:00:00 -0600

Navigating Divorce: A Personal Journey and Professional Insights

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Jenifer Coulson, a top-producing broker at Coldwell Banker in Vail, Colorado, who shares her personal journey through divorce and how she has found empowerment and success after a difficult marriage.

Jenifer discusses the emotional toll of being in an unhealthy relationship, the impact of financial struggles, and the importance of recognizing when it’s time to let go. She offers valuable advice for others considering or going through a divorce, emphasizing the importance of focusing on the bigger picture and the positive changes that can come from starting over. Jenifer’s story is both a cautionary tale and an inspiring message of strength, resilience, and taking control of your life after divorce.

Guest Information
Jenifer Coulson is a top-producing real estate broker with Coldwell Banker in Vail, Colorado, and a new business owner in Cabo San Lucas. With over 20 years of experience in the real estate industry, Jenifer has also faced the challenges of divorce and co-parenting, which have shaped her perspective on life and business.

Episode Outline

Introduction to Jenifer’s Story
Jenifer shares her journey from growing up in Kansas City to becoming a successful real estate broker in Vail, Colorado, and how her marriage shaped her life.

The Emotional and Financial Struggles of Divorce
Jenifer discusses the challenges of being in an emotionally abusive marriage and the impact it had on her health and financial situation.

The Decision to Divorce
What led Jenifer to realize that divorce was the only way forward and how therapy played a crucial role in her decision-making process.

Starting Over: Empowerment and Finding Strength
Jenifer’s perspective on starting over after divorce, including lessons learned about self-worth, independence, and the importance of focusing on what’s best for your children.

Divorce and the Business Impact
How Jenifer navigated the business side of her divorce, including managing a shared business, dealing with financial stress, and how she moved forward professionally.

Advice for Those Considering Divorce
Jenifer offers practical advice to those going through or considering divorce, emphasizing the importance of letting go of small conflicts and focusing on the bigger picture.

What is Divorce at Altitude?

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Expert Witnesses in Divorce Cases | Episode 17

Mon, 03 May 2021 00:00:00 -0600

Expert witnesses can help settle various issues in a divorce case if an agreement cannot be met.

Ryan Kalamaya goes through different types of expert witnesses and what they are used for, and the benefits of getting an expert witness involved in a divorce case.

In This Episode:

- When to get expert witnesses involved in your divorce case

- What kind of expert witnesses are there?

- Who are parenting expert witnesses I can use?

- Does each party need their own expert witness?

Make sure to follow us to continue the conversation on Facebook, LinkedIn, and Twitter.

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting.

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What is Divorce at Altitude?

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eDiscovery Best Practices with Industry Expert Doug Austin | Episode 16

Thu, 29 Apr 2021 00:00:00 -0600

E-Discovery and Digital Evidence in Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Doug Austin, a seasoned expert in e-discovery with over 30 years of experience. Doug shares his deep knowledge of how electronic discovery (e-discovery) is applied in litigation, particularly in family law and divorce cases. Doug, the founder of eDiscovery Today, explains the increasing importance of handling digital evidence such as text messages, Slack messages, and mobile device data in divorce cases.

Doug and Ryan dive into the challenges of discovering hidden or altered digital evidence, especially in cases involving financial misconduct or infidelity. They also explore how mobile devices track location information and how chat platforms like Slack and text messaging apps are becoming more commonly requested during e-discovery.

This episode is a must-listen for family law attorneys navigating the complexities of e-discovery in divorce cases, providing actionable insights on how to handle digital evidence effectively.

Guest Information
Doug Austin is a thought leader in e-discovery with over 30 years of experience in legal technology consulting and e-discovery best practices. He is the founder of eDiscovery Today, a blog focused on the latest trends, case law, and technology in e-discovery. Doug also provides consulting services and regularly shares his expertise at conferences and webinars.

Episode Outline

Introduction to E-Discovery in Family Law
What e-discovery is and its growing role in divorce and family law cases.

The Role of Mobile Devices in Divorce
How location tracking, messages, and other data stored on mobile devices can become key evidence in family law cases.

Case Study: Slack Messages in Divorce
A discussion on a recent case where Slack messages were deemed relevant and discoverable in a divorce case, and what this means for future e-discovery in family law.

Spoliation and the Risks of Deleting Digital Evidence
What happens when digital evidence is deleted or tampered with, and the potential legal consequences for spoliation in family law cases.

Best Practices for Divorce Attorneys in E-Discovery
Doug’s tips on how family law attorneys can manage and preserve digital evidence, including the use of secure cloud-based systems and two-factor authentication.

What is Divorce at Altitude?

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Temporary Orders in a Colorado Divorce | Episode 15

Mon, 26 Apr 2021 00:00:00 -0600

Understanding Temporary Orders in Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya explains the concept of temporary orders in Colorado divorces. When disagreements arise between spouses, particularly around finances, parenting time, or living arrangements, temporary orders are used to set interim rules while awaiting final decisions from the court. Ryan discusses how temporary orders can address both financial and parenting issues, providing stability during a contentious divorce process.

He highlights the importance of understanding the temporary orders process, including when emergency motions can be filed, and what happens if both parties cannot agree. Ryan also cautions that although temporary orders are meant to be interim, they can significantly impact the outcome of the case. Judges may make decisions that affect the trajectory of the divorce, and credibility issues can play a crucial role in these early hearings.

For family law professionals and those going through divorce, this episode provides valuable insights into the practicalities of temporary orders and the potential long-term consequences of decisions made during this stage of a divorce.

Episode Outline

Introduction to Temporary Orders
What temporary orders are and why they are essential in divorce proceedings.

When to Request Temporary Orders
How to determine if temporary orders are necessary for your case and the process to request them.

The Role of Mediation
The importance of mediation in resolving disputes before temporary orders hearings.

The Impact of Temporary Orders on Your Case
How temporary orders can set the stage for the rest of your divorce and why they can determine the trajectory of the case.

Emergency Motions and the “Forthwith” Process
When and how to file an emergency motion, and the challenges of convincing a judge that an issue is truly an emergency.

Caution in Seeking Temporary Orders
Why it’s crucial to be strategic when requesting temporary orders, as they can have long-lasting effects on your case.

What is Divorce at Altitude?

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Benefits of e-Discovery for Divorce Lawyers with Brett Burney | Episode 14

Thu, 22 Apr 2021 00:00:00 -0600

E-Discovery and Social Media in Family Law Cases

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Brett Burney, an expert in e-discovery, to explore the role of digital evidence in family law cases. Brett, who runs Burney Consultants, discusses how e-discovery has become crucial in uncovering important information in divorce cases. From emails and text messages to social media and mobile apps, e-discovery tools are used to collect and preserve electronically stored information (ESI), which is often pivotal in resolving family law disputes.

Brett explains how technology has evolved the way legal professionals handle evidence, especially in family law matters. He covers the best methods for preserving digital evidence, including text messages, emails, and social media interactions. Brett also discusses specific tools for collecting e-discovery data, such as iMazing, X1, Page Vault, and Web Preserver, and emphasizes the importance of metadata for authenticating digital evidence in court.

For family law attorneys handling divorce cases, this episode offers valuable insights into the growing role of digital evidence and how to effectively incorporate e-discovery into your practice.

Guest Information
Brett Burney is an expert in e-discovery and the founder of Burney Consultants, helping law firms and in-house legal departments manage electronic discovery challenges. Brett also runs the Apps in Law podcast, where he reviews mobile apps for lawyers and legal professionals.

Episode Outline

Introduction to E-Discovery in Family Law
What e-discovery is and why it’s essential in modern family law cases, especially divorces.

Challenges in Collecting Digital Evidence
The complexities involved in collecting and preserving data from sources like text messages, emails, and social media.

Tools for Preserving Text Messages and Emails
How to collect and preserve text messages and emails using tools like iMazing, PST files, and Gmail labels.

Collecting Social Media Evidence
Best practices for gathering evidence from platforms such as Facebook, Instagram, and Twitter using tools like X1, Page Vault, and Web Preserver.

Practical Tips for Family Law Attorneys
How family law attorneys can incorporate e-discovery into their practice and what they need to understand about digital evidence in divorce cases.

What is Divorce at Altitude?

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Discovery in a Divorce | Episode 13

Mon, 19 Apr 2021 00:00:00 -0600

Discovery in Colorado Divorce: How to Uncover Hidden Information

In this episode of Divorce at Altitude, Ryan Kalamaya walks listeners through the discovery process in a Colorado divorce. Discovery is the legal process of gathering critical information, and it plays a vital role when one party isn’t forthcoming with necessary details. Ryan explains the rules governing discovery, including Rule 16.2, Rule 26, and others that guide the process in Colorado divorces.

Ryan covers various discovery tools, including subpoenas to obtain records from third parties like banks, requests for production to ask your spouse for documents (such as financial records), and interrogatories to ask specific questions about parenting time, decision-making, and financial matters. He also touches on the importance of depositions, where questions are answered under penalty of perjury, providing an opportunity to gather detailed information in complex cases.

If you suspect one party is withholding information or want to ensure full financial transparency, this episode offers valuable insights into the discovery process. Ryan also explains how financial disclosure under penalty of perjury works, and when you may need a special master or expert to assist with gathering the right information.

Episode Outline

Overview of Discovery in Divorce
An introduction to the discovery process and how it fits into a Colorado divorce.

Subpoenas and Requests for Production
How subpoenas and document production requests help obtain key records, such as bank statements and financial documents.

Interrogatories in Divorce
Understanding how interrogatories (questions) can be used to clarify issues like parenting and financial matters.

Depositions and Sworn Statements
How depositions work and the importance of answering questions under oath.

When to Use a Discovery Master
The role of a discovery master in more complex cases and how experts can assist in gathering critical information.

What is Divorce at Altitude?

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Surviving Divorce with Kids with Monica Brizendine | Episode 12

Thu, 15 Apr 2021 14:00:00 -0600

Life Before, During, and After Divorce: A Real Story from a Colorado Mom

Divorce isn’t just a legal process—it’s an emotional, financial, and personal transformation. In this episode of Divorce at Altitude, Amy Goscha is joined by Monica Brizendine, a Colorado mother who recently went through divorce, to share an honest conversation about what divorce really looks like before, during, and after the legal process.

Amy and Monica discuss the shock of unexpected divorce, navigating betrayal, protecting children’s emotional well-being, and rebuilding life after marriage ends. Through personal experience, they explore how support systems, mental health care, parenting strategies, and the right legal guidance can make a meaningful difference during one of life’s most difficult transitions. This episode offers reassurance, perspective, and practical insight for anyone contemplating divorce, currently in the process, or learning how to move forward after it’s finalized.

Guest Information

Monica Brizendine is a Colorado mother of two who spent over a decade married before navigating divorce following infidelity. A former stay-at-home parent, Monica shares her firsthand experience balancing emotional healing, parenting through transition, and rebuilding independence after divorce. Her perspective highlights the realities many parents face when divorce upends family life—and the resilience required to move forward.

Episode Outline

When Divorce Is Not a Choice

How sudden infidelity and emotional shock can force unexpected decisions and change life overnight.

Protecting Children During Divorce

Navigating age-appropriate communication, emotional stability, and routines for young children during separation.

The Importance of Support Systems

Why family, friends, and community support are essential for surviving the divorce process.

Mental Health and Self-Care During Divorce

Why therapy, exercise, and emotional outlets are critical tools for managing anxiety, grief, and stress.

Parenting Challenges After Separation

Helping children cope with two households, transitions, and emotional uncertainty.

Moving Forward After Divorce

How redefining identity, rebuilding confidence, and prioritizing personal growth create a new chapter after marriage ends.

What is Divorce at Altitude?

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Mandated Disclosures in a Colorado Divorce | Episode 11

Mon, 12 Apr 2021 00:00:00 -0600

Initial Disclosures and Rule 16.2 in a Colorado Divorce: What Happens Next

After filing for divorce in Colorado, many people assume the hardest part is over—but the disclosure phase is where cases often become complicated and expensive. In this short Divorce at Altitude lesson, Ryan Kalamaya explains what happens after filing, including the initial status conference and the mandatory financial disclosures required under Colorado Rule 16.2.

Ryan walks through the purpose of sworn financial statements, what documents must be exchanged, and why transparency is critical at this stage of the divorce process. He also explains how disclosure obligations extend beyond financial paperwork and why failing to disclose information early can lead to costly discovery disputes later.

This episode is part of Divorce at Altitude’s educational series designed to help you understand the Colorado divorce process—from simple steps to more complex legal requirements.

Episode Outline

What Happens After You File for Divorce

An overview of the timeline following filing, including the initial status conference and early case management.

The Initial Status Conference

What this court conference is, when it typically occurs, and why it matters in the early stages of divorce.

Sworn Financial Statements

What a sworn financial statement includes, how it summarizes income, expenses, assets, and debts, and why accuracy is essential.

Mandatory Initial Disclosures Under Rule 16.2

A breakdown of required documents, including tax returns, bank statements, credit card statements, and business financial records.

Certificate of Compliance

What the certificate confirms, what is filed with the court, and what is exchanged privately between parties.

Organizing and Tracking Disclosures

Why proper documentation, record-keeping, and labeling matter—especially when disputes arise later.

The Duty of Full Transparency

How Rule 16.2 creates a fiduciary duty between spouses and why over-disclosure is often safer than under-disclosure.

Avoiding Costly Discovery Disputes

Why early and complete disclosure can reduce litigation costs and conflict throughout the divorce.

What is Divorce at Altitude?

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Selling Real Estate in a Divorce with Aspen Realtor Chris Klug | Episode 10

Thu, 08 Apr 2021 00:00:00 -0600

Real Estate, Divorce, and Market Timing in Aspen & Snowmass

Selling a home during divorce is one of the most stressful financial decisions a couple can face—especially in a fast-moving real estate market. In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Olympic snowboarder and top Aspen/Snowmass real estate broker Chris Klug to discuss how divorce impacts real estate decisions, pricing strategy, and timing in Colorado’s mountain markets.

Ryan and Chris explore what divorcing spouses need to understand about listing property, managing emotions, setting realistic expectations, and avoiding common mistakes that can cost both parties money. They also break down current market conditions in Aspen and Snowmass, why inventory is historically low, and what sellers and buyers should consider right now—particularly when divorce is driving the sale.

Guest Information

Chris Klug is a top-selling real estate broker with Sotheby’s International Realty in Aspen and Snowmass. He is also an Olympic bronze medalist in snowboarding from the Salt Lake City Games. Chris is known for his client-first, advisor-driven approach and extensive experience helping buyers and sellers navigate high-stakes transactions during major life transitions, including divorce.

Episode Outline

Why Real Estate and Divorce Are a Challenging Combination

How emotional stress, timelines, and financial pressure collide when spouses sell property during divorce.

Advisor vs. Salesperson: The Role of a Divorce-Savvy Broker

Why neutrality, communication, and trust matter more than ever when spouses disagree.

Pricing Reality: Zillow vs. a Comparative Market Analysis

What CMAs actually measure, why automated estimates fall short, and how pricing affects outcomes.

Preparing a Home for Sale During Divorce

Why decluttering, depersonalizing, and staging are critical—and emotionally difficult.

When One Spouse Lives in the Home

Showings, cooperation challenges, and setting expectations early to protect the sale.

Aspen & Snowmass Market Outlook

Low inventory, strong demand, and why sellers may not want to wait.

Key Takeaway for Divorcing Sellers

Why asking hard questions early can prevent costly delays and conflict later.

What is Divorce at Altitude?

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Automatic Temporary Injunction in a Divorce | Episode 9

Mon, 05 Apr 2021 00:00:00 -0600

The Automatic Injunction in a Colorado Divorce: What You Need to Know

Filing for divorce can bring both relief and anxiety—and once the petition is filed, important legal rules immediately go into effect. In this short Divorce at Altitude lesson, Ryan Kalamaya explains the automatic injunction in a Colorado divorce, what it means, and why it matters.

Ryan walks through when the automatic injunction begins, how it preserves the status quo, and the most common mistakes people make after filing. From transferring property to traveling with children or changing insurance coverage, this episode highlights the actions that can create serious legal consequences if handled incorrectly.

Episode Outline

When the Automatic Injunction Begins

How the automatic injunction is triggered upon service of the petition, waiver of service, or joint filing—and why timing matters.

Purpose of the Automatic Injunction

Why Colorado law requires preservation of the status quo and what courts are trying to prevent during divorce.

Restrictions on Marital Property

What parties cannot do with marital assets, including transferring, concealing, encumbering, or disposing of property without consent.

Exceptions: Business and Daily Living

Understanding the two key exceptions—ordinary course of business and necessities of life—and where people often cross the line.

Prohibition on Harassment or Disturbing the Peace

How the injunction governs behavior between spouses and why context matters.

Travel Restrictions With Children

Why children cannot be taken out of state without agreement or court order, and how this affects vacations and school breaks.

Insurance Coverage Requirements

What insurance policies must remain in place, including health, homeowners, renters, and life insurance.

Financial and Account Considerations

Why canceling credit cards or opening new accounts should be discussed with an attorney first.

Why Legal Guidance Matters

How violating the automatic injunction can damage credibility, increase conflict, and impact court outcomes.

What is Divorce at Altitude?

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Maintaining Health and Wellness During Divorce with Dr. Susan Darrah | Episode 8

Thu, 01 Apr 2021 00:00:00 -0600

Health & Wellness During Divorce: Sleep, Exercise, Nutrition, and Nature

Divorce is one of the most stressful life events—and the toll it takes on your body is real. In this episode of Divorce at Altitude, host Amy Goscha sits down with anesthesiologist and wellness advocate Dr. Susan Darrah to discuss practical, science-backed ways to protect your health while navigating divorce.

Amy and Dr. Darrah break down four core pillars—sleep, exercise, diet, and time in nature—and explain how each one supports stress regulation, emotional resilience, and long-term physical health. Using real-world examples (including common divorce challenges like insomnia, emotional eating, and burnout), they offer approachable strategies that fit into busy schedules—especially for parents.

Guest Information: Dr. Susan Darrah
Dr. Susan Darrah is a board-certified anesthesiologist and former medical director of a surgery center affiliated with Massachusetts Eye and Ear / Mass General Brigham. A Colorado native, she trained in medicine in New York and completed residency at USC before practicing in Southern California and Boston. Dr. Darrah focuses on practical wellness strategies—including sleep hygiene, stress physiology, fitness routines, and nutrition habits—to help people build resilience during high-stress life transitions.

Episode Outline

Sleep and Divorce Stress

Why sleep is a foundational health tool during divorce, including the connection between poor sleep and mood, inflammation, and long-term health risks.

Creating a Sleep Routine That Works

How consistency (same bedtime/wake time), temperature, and reducing electronics can improve sleep quality—even during emotionally stressful periods.

What to Do When You Can’t Fall Asleep

Practical strategies for sleepless nights, including getting out of bed briefly, avoiding bright screens, and keeping a calming wind-down routine.

Alcohol, Caffeine, and Sleep Disruption

How alcohol may help you fall asleep but can interfere with staying asleep, and why caffeine timing matters more than most people realize.

Exercise as the “Free Antidepressant”

How aerobic exercise supports stress regulation, improves mood and cognition, and helps stabilize the body’s stress response system.

What is Divorce at Altitude?

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How to File for Divorce in Colorado | Episode 7

Mon, 29 Mar 2021 00:00:00 -0600

How to File for Divorce in Colorado: Required Forms and First Steps

Starting a divorce in Colorado may feel overwhelming, but the actual filing process is often simpler than people expect. In this short Divorce at Altitude “how-to” episode, Ryan Kalamaya walks through the basic documents required to file for divorce in Colorado and explains how the process works from a legal standpoint.

Ryan explains the purpose of the petition, case information sheet, and summons, how jurisdiction is established, and what happens after filing—whether you file jointly or on your own. This episode is designed to provide clear, accessible information for anyone considering divorce or trying to understand how a Colorado divorce officially begins.

Episode Outline

Overview of the Colorado Divorce Filing Process

A brief explanation of why filing for divorce in Colorado is procedurally straightforward, even though the decision to divorce is often emotionally complex.

The Petition for Dissolution of Marriage

What the petition is, when it can be filed jointly versus individually, and why it formally starts the divorce case.

The Case Information Sheet

An overview of the required personal, jurisdictional, and child-related information the court needs to open a divorce case.

Jurisdiction and Residency Requirements

How Colorado courts establish jurisdiction based on 90-day domicile requirements and children’s residency in the state.

The Summons and Service of Process

When a summons is required, how service works under Colorado rules, and how waiver of service can simplify the process.

Filing the Documents

How and where divorce documents are filed, including electronic filing and verification requirements.

Required Disclosures and Requests for Relief

Why it’s important to disclose prior cases, restraining orders, and to request all relevant relief at the time of filing.

Educational Disclaimer

A reminder that the episode provides general educational information—not legal advice—and that consulting an attorney is recommended.

What is Divorce at Altitude?

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Child Custody Issues Across State Borders, with Brian Walters | Episode 6

Thu, 25 Mar 2021 00:00:00 -0600

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): Interstate Custody Issues Explained

Interstate child custody disputes can become legally complex when parents live, travel, or relocate across state lines. In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Texas family law attorney Brian Walters to explain how the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has authority to decide custody issues.

Ryan and Brian walk through real-world scenarios involving relocation, second homes, temporary moves, and multi-state families. They explain how courts determine a child’s “home state,” how judges communicate across state lines, and how custody orders are enforced or modified when families move. This episode is essential listening for parents, attorneys, and professionals navigating interstate custody disputes in Colorado, Texas, and beyond.

Guest Information:

Brian Walters is a Texas family law attorney and partner at Walters Gilbreath, one of the largest family law firms in Texas, with offices in Houston, Dallas, and Austin. He is also the host of the Texas Family Law Podcast. Brian regularly handles complex divorce and custody cases involving interstate jurisdiction, relocation disputes, and enforcement of out-of-state custody orders under the UCCJEA.

Episode Outline

What Is the UCCJEA and Why It Exists

An overview of the Uniform Child Custody Jurisdiction and Enforcement Act, why it was adopted nationwide, and how it prevents competing custody orders across state lines.

Divorce Jurisdiction vs. Custody Jurisdiction

Why divorce filings and child custody jurisdiction are governed by different legal standards—and how a court can have authority over one but not the other.

Determining the Child’s “Home State”

How courts decide which state has jurisdiction based on where a child has lived during the previous six months, and why short-term relocations typically do not shift jurisdiction.

Temporary Moves, Second Homes, and COVID-Era Relocations

How extended stays, seasonal residences, and pandemic-related moves complicate custody jurisdiction analysis.

When Courts in Different States Communicate

How judges conduct interstate conference calls to resolve jurisdiction disputes and why these conversations are consistent across UCCJEA states.

What is Divorce at Altitude?

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What Do Lawyers Think About Before Their Client Files For Divorce? | Episode 5

Thu, 18 Mar 2021 00:00:00 -0600

Pre-Filing Considerations in a Colorado Divorce: What to Know Before You File

Before you file for divorce, the decisions you make—or don’t make—can shape the entire outcome of your case. In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha walk through the critical legal, financial, and strategic considerations that arise before a divorce is filed in Colorado.

Using the ongoing hypothetical of Eric and Melanie Wolff, Ryan and Amy explain what divorce lawyers evaluate behind the scenes when a client first hires counsel. From timing and jurisdiction to automatic injunctions, parenting concerns, finances, and social media pitfalls, this episode offers a practical roadmap for anyone considering divorce—or advising clients at the earliest stage of the process.

Guest Information

Amy Goscha is a founding partner at Kalamaya | Goscha and an experienced Colorado divorce and family law attorney. In addition to representing clients in complex divorce, parenting, and financial matters, Amy brings a unique perspective as a former divorce client herself. She is known for her practical, empathetic approach and her focus on helping clients make informed decisions during some of the most stressful moments of their lives.

Episode Outline

Timing and Strategic Considerations Before Filing

Why the timing of a divorce filing matters, including the 90-day statutory waiting period and how filing can impact finances, parenting, and negotiations.

Jurisdiction and Venue in Colorado Divorce

How residency, domicile, and county selection affect where a divorce is filed—and why venue matters more in some cases than others.

The Automatic Injunction Explained

What happens immediately after filing, including restrictions on finances, insurance, travel with children, and major transactions.

Parenting and Relocation Risks

Why potential parental relocation, travel plans, and the status quo with children should be evaluated before filing.

Financial Planning Before Filing

Opening separate accounts, maintaining the status quo, refinancing concerns, business activity, and avoiding actions that could later be scrutinized by the court.

Collaborative Divorce and Alternative Processes

When collaborative divorce, mediation, arbitration, or hiring a private judge may be appropriate alternatives to traditional litigation.

What is Divorce at Altitude?

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Top 7 FAQs for Divorce Consultations | Episode 4

Thu, 11 Mar 2021 00:00:00 -0700

What to Expect in Your First Divorce Consultation in Colorado

The first meeting with a divorce attorney is often a “triage” moment—especially when everything feels uncertain. In this episode of Divorce at Altitude, co-hosts Ryan Kalamaya and Amy Goscha walk through the most common questions clients ask during an initial consultation, using the hypothetical divorce of Eric and Melanie Wolf as the framework.

Ryan and Amy discuss what matters (and what doesn’t) in a Colorado divorce, including whether fault is relevant, who should file first, how parenting plans are determined, and when dating becomes a problem. They also explain key early issues like moving out of the marital home, how property division is analyzed when there’s a business or major assets, and what to expect with spousal maintenance—so listeners can leave that first meeting with clarity, direction, and realistic expectations.

Episode Outline

Does the Reason for Divorce Matter?
Why Colorado is a no-fault state, how “marital waste” can come into play, and when conduct matters most (especially involving children).

Does It Matter Who Files First?
When filing first can matter procedurally, when it doesn’t, and how the tone of filing can influence the trajectory of the case.

How Parenting Plans Are Decided in Colorado
A breakdown of parenting time and decision-making, the “best interests” factors, and the modern trend toward shared parenting responsibilities.

When Can I Start Dating?
Why dating isn’t prohibited but can become a major complication, including risks involving money, discretion, and introducing new partners to children.

How Property Division Works
How Colorado distinguishes marital vs. separate property, why title alone doesn’t control, and how businesses and complex assets change the analysis.

Should I Move Out of the House?
Key factors that drive this decision, including finances, safety concerns, parenting dynamics, and practical interim options.

Spousal Maintenance Basics
How courts look at need and ability to pay, why property division comes first, and why high-income cases require a different analysis than guideline cases.

What Clients Should Take Away from the First Meeting
How the initial consultation should reduce fear, clarify next steps, and help clients define priorities and set reasonable expectations.

What is Divorce at Altitude?

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Invalidating and Challenging Marital Agreements with Jim Bailey, Esq. | Episode 3

Thu, 04 Mar 2021 00:00:00 -0700

Challenging Premarital Agreements in Colorado

Premarital agreements can shape the outcome of a divorce—but only if they are enforceable. In this episode of Divorce at Altitude, co-hosts Ryan Kalamaya and Amy Goscha are joined by Denver family law attorney James Bailey to discuss how premarital and marital agreements are challenged and upheld under Colorado law.

Using common divorce scenarios, they explain what courts look for when evaluating validity, including financial disclosures, voluntariness, timing, and negotiation history. The episode also explores how different legal standards apply based on when an agreement was signed, the role of discovery and expert consultants, and why a validity hearing can dramatically impact the rest of a divorce case.

Guest Information

James Bailey is a Denver-based family law attorney and shareholder at SVC Law Firm. He clerked for former Colorado Supreme Court Chief Justice Luis Rovira and is widely recognized for his work on marital and premarital agreements. James has been named a Colorado Super Lawyer and Best Lawyers in America and has written and presented extensively on marital agreements and domestic relations law.

Episode Outline

Why Premarital Agreements Matter in Divorce
An overview of how premarital and marital agreements can significantly affect property division, maintenance, and overall divorce outcomes—if they are enforceable.

Initial Review of a Premarital Agreement
What attorneys look for first when reviewing an agreement, including signatures, dates, financial disclosures, and core provisions.

Timing and Applicable Legal Standards
How different Colorado legal standards apply depending on when a premarital agreement was signed, including common law principles, the Colorado Marital Agreement Act, and the Uniform Marital and Premarital Agreement Act.

Financial Disclosures and Voluntariness
Why full and fair financial disclosure and voluntary execution are critical to enforceability—and how deficiencies can create grounds for challenge.

Property Definitions and Drafting Pitfalls
How overly broad or imprecise definitions of marital and separate property can create ambiguity and litigation risk.

Challenging the Validity of an Agreement
What happens procedurally when one party seeks to set aside a premarital agreement, including bifurcated validity hearings.

Discovery and Attorney Files
Why attorney billing records, drafts, and negotiation history matter—and how they can support or undermine claims of duress or coercion.

Witnesses, Notaries, and Business Practices
How testimony from notaries, attorneys, and witnesses is evaluated when memories have faded over time.

Experts and Consultants in Prenup Litigation
When consultants and expert witnesses are used, how privilege is preserved, and why courts may limit expert testimony on legal issues.

Choice-of-Law and Multi-State Issues
How premarital agreements drafted in one state but litigated in another raise complex enforceability questions.

Oral Agreements and Partial Performance
Why oral marital agreements are generally unenforceable in Colorado and how recent case law affects partial performance arguments.

High-Profile Cases and Practical Takeaways
What cases like Dr. Dre’s divorce illustrate about coercion, revocation, and the real-world stakes of premarital agreement litigation.

What is Divorce at Altitude?

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Prenuptial Agreements | Episode 2

Thu, 25 Feb 2021 00:00:00 -0700

In this episode of Divorce at Altitude, Colorado family law attorneys Ryan Kalamaya and Amy Goscha explain prenuptial agreements in a clear, practical way. They cover what a Colorado prenuptial agreement is, what it can address (property, finances, spousal maintenance, and certain death related provisions), and what it cannot control, including child support, parenting time, and decision-making for children.

Ryan shares the history of prenups and why they continue to matter today, from protecting children of prior relationships to helping couples define financial expectations before marriage. Amy outlines the key legal requirements for a valid premarital agreement in Colorado, including that it must be in writing, signed by both parties, entered into voluntarily, and supported by full and fair financial disclosure.

They also discuss modern trends, including why younger couples, business owners, and people entering second or third marriages are increasingly choosing prenups. Finally, they walk through best practices for negotiating and signing a prenup, such as using independent counsel, documenting meaningful negotiation through multiple drafts, completing thorough disclosures (including trusts and business interests), and following careful signing procedures to support enforceability.

Episode Outline

1. What a Colorado Prenuptial Agreement Covers and the Legal Requirements
Definition, key components for validity in Colorado, and limits on child related provisions.

2. Why Prenups Are More Common Today
Trends among younger couples, later-in-life marriages, second and third marriages, and people bringing businesses or significant assets into marriage.

3. Best Practices: Disclosure, Negotiation, Counsel, and Signing
How to reduce future disputes through full financial disclosure, real negotiation, independent counsel, and structured signing practices.

What is Divorce at Altitude?

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Meet Eric Wolff, Hypothetical Divorce Client, Ryan and Amy | Episode 1

Thu, 18 Feb 2021 08:00:00 -0700

In this introductory episode of Divorce at Altitude, Colorado family law attorneys Ryan Kalamaya and Amy Goscha set the foundation for the podcast by exploring the emotional and practical realities of divorce. Through the fictional story of Eric Wolff, a hypothetical divorce client, Ryan and Amy illustrate what many individuals experience when a marriage begins to break down — confusion, fear, financial worries, and uncertainty about the future.

Amy and Ryan also share their personal journeys into family law, including Amy’s experience as both an attorney and a divorce client, and Ryan’s transition from collegiate baseball to becoming a trial lawyer focused on major life transitions.

This episode helps listeners understand what divorce can look like from the inside and what to expect as they begin navigating Colorado divorce, separation, and co-parenting challenges.

Episode Outline

1. Eric Wolff’s Story: A Look Inside a Failing Marriage

Ryan shares the fictional narrative of Eric Wolff, a hypothetical divorce client facing emotional distance, financial stress, communication breakdown, and the moment he learns his spouse has hired a divorce lawyer. The story reveals the fear, overwhelm, and unanswered questions many people experience at the start of divorce.

2. Why Ryan and Amy Became Colorado Divorce Lawyers

Amy opens up about her background as a child of divorce, her experience working with families in the court system, and her own journey as a divorce client. Ryan discusses his transition from Division I baseball to law, the struggles that shaped him, and why he is drawn to helping people through life-changing transitions.

3. What to Expect Next on Divorce at Altitude

Ryan and Amy preview upcoming topics, beginning with premarital agreements in Colorado. They explain why prenups matter for couples like Eric and examine real-world examples, including challenges to high-profile premarital agreements. Listeners learn how the podcast will guide them through essential family law concepts each week.

What is Divorce at Altitude?

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Trailer

Fri, 12 Feb 2021 08:00:00 -0700

Ryan Kalamaya introduces Divorce at Altitude: A Podcast on Colorado Family Law. Each week, Ryan and Amy Goscha will provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan's 6-year-old daughter, Colby, makes a cameo appearance in the trailer.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.

Ryan and Amy are the founding partners of an innovative and ambitious law firm that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

What is Divorce at Altitude?

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