Can Infidelity Affect a Colorado Divorce Case?
Going through a divorce is generally an incredibly painful situation. In situations where one spouse has been unfaithful to the marriage, the question of how legal proceedings will split assets, award spousal support, and decide child custody becomes essential.
Infidelity affects Colorado divorce cases differently than what many would expect. At Danielsen Westhoff, PC, our Broomfield divorce attorneys guide clients through complex and emotional divorces with clear, objective legal strategy to protect your family’s best interests.
Colorado’s Pure No-Fault Divorce
Colorado operates as a no-fault divorce jurisdiction under C.R.S. § 14-10-106. Under state law, the only legal ground required to dissolve a marriage is that the relationship is irretrievably broken. This means that the court does not assign legal blame to either entity.
Infidelity alone will not automatically grant the non-cheating spouse the upper hand in court. Proof of an affair will not automatically grant you a larger claim of property or higher spousal support out of retribution. The legal system prioritizes financial realities and objective facts over personal grievances.
Economic Misconduct and Dissipation of Assets
Under C.R.S. § 14-10-113, Colorado divides marital property equitably, except in the cases of economic misconduct. If an unfaithful spouse spent marital funds on an extramarital relationship, a legal concept known as the dissipation of assets, the court can step in to rebalance the financial scales.
Common forms of asset dissipation include luxury gifts, travel, and secret expenses such as renting an apartment for an affair partner. Credit will be awarded to the non-cheating spouse equal to the amount of funds wasted. Accumulated joint credit debt that was spent as a form of economic misconduct will be assigned in full to the spouse who incurred it.
To successfully claim dissipation, you must establish a clear paper trail showing that marital assets were intentionally wasted for a non-marital purpose during the breakdown of the marriage. Once proven, judges have broad discretion to award the faithful spouse a larger portion of the remaining assets to compensate for the loss.
Does Cheating Impact Spousal Maintenance?
Spousal maintenance, previously referred to as alimony, is determined using statutory guidelines based strictly on the financial need of one spouse and the other’s ability to pay. There are 12 statutory factors that courts evaluate, including gross income, length of marriage, and standard of living. Marital misconduct is not considered a factor unless there was a significant depletion of marital assets due to the affair.
Infidelity as it Relates to Child Support
The state allocates parental responsibilities based on the best interests of the child or children. Under C.R.S. § 14-10-124, conduct that does not affect a parent’s relationship with their child should not be considered. An unfaithful spouse will not automatically be deemed a bad parent unless the behaviors resulting from the affair directly compromised the child’s well-being. This could include:
- Exposing children to unsafe or inappropriate environments during the affair
- Neglecting parental obligations or supervision to pursue the relationship
- Introducing a new partner who poses a documented safety risk to the child
Navigating a divorce after infidelity requires separating intense emotions from strategic legal decisions. As your Broomfield family law attorneys, we understand the difficulties you are going through and will advise you on the best course of action to protect your family’s future. Contact us today to schedule a free, 15-minute consultation.