Divorce is rarely easy, and the emotional sting of infidelity can add layers of tension and confusion. If you’re facing a divorce where adultery is involved, you may be wondering: Does adultery affect alimony or custody in Colorado? The short answer is that Colorado is a “no-fault divorce” state, which limits the impact of adultery in most legal determinations. However, there are important nuances worth understanding.
Colorado is a No-Fault Divorce State
Under Colorado Revised Statutes [C.R.S. §14-10-106], Colorado recognizes no-fault divorce, which means that the courts do not require proof of wrongdoing such as infidelity to grant a divorce. The only legal ground necessary is that the marriage is “irretrievably broken.”
What This Means
- Neither spouse needs to prove adultery or other marital misconduct.
- Courts do not assign blame or punish a spouse for cheating.
This principle affects how the court approaches property division, alimony (spousal maintenance), and custody.
It’s also important to remember that Colorado is not a 50/50 property division state. Instead, the courts follow equitable distribution, which seeks fairness—not necessarily an equal split.
Does Adultery Affect Alimony in Colorado?
Generally, adultery does not affect alimony awards in Colorado. Spousal maintenance is governed by [C.R.S. §14-10-114], which instructs judges to consider factors such as:
- The financial resources of each party
- The duration of the marriage
- The standard of living during the marriage
- The age and health of both spouses
Marital misconduct like adultery is not listed as a consideration under this statute. So if you’re wondering whether you can use adultery as a reason to deny alimony—the answer is not directly. However, there could be indirect financial impacts if a spouse can prove that marital assets were used irresponsibly to support an affair—for example, on travel, gifts, or accommodations. In such cases, the court may take that into account during property division instead.
Does Adultery Affect Child Custody in Colorado?
Child custody decisions in Colorado focus entirely on the best interests of the child, as outlined in [C.R.S. §14-10-124] (source). Factors the court will consider include:
- The wishes of the child (if age-appropriate)
- The mental and physical health of all parties involved
- The ability of each parent to place the child’s needs ahead of their own
Will cheating affect who gets custody of the children? Only if the infidelity negatively affects the child’s wellbeing or household environment. For instance, if the affair created instability in the child’s home life or exposed them to unsafe individuals, the court might reassess parenting time and decision-making authority.
Yes, you can bring up your spouse’s affair in court, but only if it’s relevant to issues like financial misconduct or parenting ability. The focus of the court will always remain on what best supports the child’s emotional, physical, and psychological development.
When Might Adultery Matter?
While Colorado law does not penalize spouses for adultery directly, it may become relevant in specific situations:
- Dissipation of Assets: If one spouse spent significant marital funds on an affair, that may affect property division.
- Parenting Ability: If the adultery led to a living situation that negatively affects children (e.g., introducing new partners too soon), the court might reevaluate parenting time.
Legal Guidance is Essential
Divorce cases are unique, especially when emotions run high. Even in a no-fault state like Colorado, how you present your case—and what evidence you gather—can significantly impact the outcome. A knowledgeable attorney can help you understand your rights and protect your interests, especially if you suspect that adultery may have financial or custodial implications.
Moving Forward with Confidence
Colorado’s no-fault divorce law means that adultery rarely plays a central role in decisions about alimony or custody. However, if the affair caused financial harm or disrupted your child’s life, it might still influence your case. At Boal Law Firm, we provide clear, compassionate legal guidance to help you navigate these sensitive issues with confidence. Whether you’re concerned about infidelity, finances, or parenting rights, we’ll ensure your voice is heard and your future is protected.