H. Michael Steinberg has 42+ years of experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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Colorado Criminal Restitution – Spouses Liability To Pay

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Colorado Criminal Restitution – Spouses Liability To Pay

Restitution and Spouses of DefendantsBy H. Michael Steinberg, Colorado Colorado Criminal Defense Lawyer

The Short Answer: No, A Spouse Is NOT Directly Liable For Their Spouses Criminal Restitution Order

In Colorado, your spouse cannot be required to pay restitution in a criminal case unless they were also a defendant, an accomplice, or otherwise legally responsible for the crime.
Restitution is a penalty given to the person convicted of the crime, not to family members or spouses who were not involved.

How Restitution Generally Works in Colorado Criminal Cases

  1. A defendant may be ordered to pay restitution as part of a criminal sentence. The obligation to pay restitution continues regardless of whether the defendant is serving a jail or prison sentence, is on probation, or is on parole.
  2. Restitution is intended to compensate victims for pecuniary losses directly caused by the defendant’s criminal conduct. These losses may include medical expenses, mental health counseling, property damage or loss, lost wages, and other qualifying out-of-pocket expenses resulting from the crime.
  3. If restitution is not paid, the unpaid balance may be enforced in the same manner as a civil judgment, including through collection methods such as wage garnishment, bank account garnishment, or judgment liens on property, as permitted by law. The restitution obligation belongs solely to the defendant. Family members, spouses, or other third parties are not personally liable for the defendant’s restitution unless they have independently assumed a legal obligation to pay.

While Not Directly Liable A Spouse Could Face Situations Where Their Assets Can Be Reached

The Most Obvious Cases

Co-defendants Or Accomplices:
If a spouse is charged and convicted, or pleads guilty, as a co-defendant or accomplice in the same crime, the Court may order them to pay restitution,  jointly and severally with other defendants.
Separate Criminal Liability:
If a spouse is separately charged and restitution is ordered in their own case, liability arises from their conviction rather than from marital status.

The Less Obvious Possibilities

Depending on the property’s ownership, creditors or victims may seek to seize joint marital assets, such as a house, car, or retirement savings, even when a spouse is not personally liable for the obligation. Rather than a criminal order against the husband, this is a civil collection matter.

Restitution liability, it must be stressed here, DOES NOT and can not, be created by marriage alone.

A spouse’s criminal reparation duty is not imposed on the other spouse just because they are married under Colorado law. One cannot be sentenced to pay restitution in a criminal case if one was not prosecuted and did not participate in the offense.

Frequently Asked Questions – A Deeper Dive Into At-Risk Assets

Are joint bank accounts at risk if my spouse owes restitution?

Yes—joint bank accounts can be at risk if your spouse owes criminal restitution in Colorado, even if you personally don’t owe the debt. While you can’t be ordered to pay restitution yourself, creditors/victims can pursue collection against your spouse’s assets, including funds in jointly held accounts.

Why joint accounts are vulnerable

In a joint account, both owners have legal access to the funds. From a creditor’s (or victim’s) perspective, that means the debtor spouse has a property interest in the account that can be reached.

 When a restitution judgment is enforced via a bank levy, banks often freeze the entire joint account on notice, not just “half.” That can temporarily cut off your access to rent, groceries, utilities, etc.

Courts often presume funds in a joint account belong equally to both owners unless someone can prove otherwise. That makes it harder to shield your portion once the account is levied.

 Taking Steps To Protect Yourself

Avoid commingling funds: Keep your income and savings in accounts solely in your name, with no deposits from your spouse and no joint ownership. That reduces the chance that your money will be treated as part of the debtor spouse’s assets.

Document the source of funds: If you must use a joint account, keep detailed records showing which deposits are yours (e.g., your paychecks and separate income). Proper documentation can help you file a claim with the court to recover your share if the account is levied, providing a practical step to protect your assets.

Consider separate banking: Use separate accounts for day-to-day finances if one spouse has outstanding restitution or other judgments. Many legal guides specifically warn against joint accounts when a judgment exists.

Claim exemptions if levied: Some funds (e.g., certain public benefits, Social Security, disability) may be exempt from garnishment under federal or state law. If a levy is issued, you can file an exemption or objection with the court within a specified time frame to seek the release of protected funds, giving you a clearer path to protect your assets.

Important Nuance For Restitution

Restitution in Colorado can be enforced like a civil judgment (wage garnishment, bank levies, liens). That means the same rules that apply to civil judgment collection generally apply here: the debtor’s assets—including their interest in joint accounts—are reachable.

In Colorado, shared creditors can reach (co-owned) property to satisfy one spouse’s debt. Still, the rules depend on how the property is titled (joint tenancy vs. tenancy in common), the type of debt/judgment, and whether any exemptions apply. Colorado is a common-law (equitable distribution) state, not a community-property state, so spouses are generally not automatically liable for each other’s separate debts—but that doesn’t fully shield jointly held assets from collection.

Colorado Criminal Law – Colorado Criminal Restitution – Spouses Liability To Pay

The reader is alerted to the fact that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate when it was drafted, but it cannot account for changes occurring after it was uploaded.

BEST-STANDING-CHOICE-200x300ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at: hmsteinberg@hotmail.com

A Denver, Colorado, Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.

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You should be careful to make a responsible choice when selecting a Colorado criminal defense lawyer. We encourage you to “vet” our firm. Over the last 40 years, by focusing ONLY on Colorado criminal law, H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, including Colorado criminal law and procedure and trial and courtroom practice.

H. Michael works hard to deliver the best possible results for his clients, both in and out of the courtroom. He has written extensively on Colorado criminal law and continues to write, and he hopes this article helps you in some small way.