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# Temporary Orders in Colorado: Who Pays the Mortgage During the Divorce
- URL: https://blog.denverdivorce.com/temporary-orders-colorado-divorce/
- Published: 2026-10-14T14:30:00.000Z
- Updated: 2026-10-14T14:29:59.000Z
- Description: A Colorado divorce takes months, and temporary orders govern life in the meantime — the house, the bills, the children, support, and fees. They also set a status quo with quiet momentum toward the final result.
- Author: Aaron Herzberg
- Tags: The Process, Support

Filing for divorce does not pause life. The mortgage is due, tuition is due, the children need a schedule, and one spouse may have no access to the accounts. Colorado addresses the gap with temporary orders: the interim rules that govern the family from filing until the decree, which can be many months.

## The Automatic Injunction

Before any hearing, one set of rules takes effect automatically. Under C.R.S. § 14-10-107, the filing and service of a dissolution petition triggers a temporary injunction that restrains both spouses from transferring, encumbering, concealing, or disposing of marital property without the other's consent or a court order, except in the usual course of business or for the necessities of life; from disturbing the peace of the other party; from removing the children from the state without consent or court order; and from canceling or changing insurance coverage. The injunction is the reason a spouse cannot empty an account or move assets offshore the week the case is filed — and a reason to obtain advice before making any significant financial move once a divorce is contemplated.

## What Temporary Orders Cover

Under C.R.S. § 14-10-108, either spouse may ask the court for temporary orders addressing:

- Temporary maintenance and temporary child support
- Interim parenting time and decision-making
- Exclusive use of the family home and other property
- Payment of the mortgage, household expenses, insurance, tuition, and debts during the case
- Restraining orders where warranted
- Interim attorney fees and costs

Temporary support is calculated using the same guidelines that apply at permanent orders, but on a temporary record — which means the numbers are often set on incomplete information, and set quickly.

## Why Temporary Orders Matter More Than People Think

They set the status quo. A temporary parenting schedule that operates for eight months, or a temporary support figure that both parties have lived with, has quiet momentum at permanent orders. Judges are human. An arrangement that has been working is hard to displace, and an arrangement that has been contested for months will be viewed through that history.

They stop the bleeding. Without temporary orders, the spouse who controls the money controls the case. Interim support and interim fee awards exist precisely to keep the financially dependent spouse from being starved into a bad settlement.

They surface the evidence early. The temporary orders hearing is often the first time each side's financial claims are tested under oath. What is said there is on the record for the rest of the case.

## Interim Attorney Fees

Colorado's fee statute allows the court to order one spouse to pay a reasonable portion of the other's fees and costs, after considering both parties' resources, and that authority extends to interim awards. For a spouse without independent access to funds, an early fee request can be the difference between adequate representation and none.

## Treat the Hearing as the First Trial

Temporary orders hearings are short — often an hour or less — and courts frequently limit testimony. That compression rewards preparation. A clear financial presentation, a workable proposed schedule for the children, and a focused account of what the family needs during the case will shape the interim orders and, through them, the case.

## Talk to a Denver Divorce Attorney Who Handles Complex Estates

Aaron Herzberg is a divorce attorney in Greenwood Village, Colorado, serving Denver and the Front Range, with more than 30 years of trial experience and a practice focused on high-net-worth and financially complex divorce. The team that shows up prepared for temporary orders usually shapes the entire case.

[Request a Consultation](https://denverdivorce.com/contact.html?ref=blog.denverdivorce.com#consult) or call 303-507-5529

This publication is attorney advertising. It is educational information only, it is not legal advice, and it may not reflect the most current legal developments. Reading it does not create an attorney-client relationship. No attorney-client relationship exists until a conflicts check is complete and both parties have signed a written engagement agreement.

Read the full guide on DenverDivorce.com: [Temporary Orders in Colorado](https://denverdivorce.com/practice-areas/temporary-orders.html?ref=blog.denverdivorce.com).