Does adultery affect property division in Colorado?
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Does adultery affect property division in Colorado?

On Behalf of | Jan 28, 2025 | Property Division |

Colorado is a no-fault divorce state. This means you can end your marriage without having to prove that your spouse did something wrong. 

This system makes it easier for betrayed spouses to divorce their unfaithful partners. But while adultery does not affect the grounds for divorce, it may impact other aspects of divorce proceedings. This includes property division. 

How do Colorado courts divide marital property? 

Colorado follows the equitable distribution system for property division. Under this principle, both spouses receive an equitable share of the marital pool. However, it is not necessarily a 50-50 split. Instead, the court will consider factors, such as: 

  • The length of the marriage 
  • The contributions of each spouse 
  • The income and earning potential of each spouse 
  • The standard of living established during the marriage 

Judges examine the specific circumstances of each couple to determine what is fair, and adultery is not a primary factor. However, certain exceptions may apply. 

When does adultery affect marital property? 

Adultery may have a significant impact on property division when it involves marital waste or dissipation of marital assets. Below is a deeper explanation of the two: 

  • Dissipation of marital assets: A spouse commits dissipation when they use marital assets to fund an affair, often when a divorce is imminent. The typical goal is to intentionally shrink the marital pool so the other spouse gets less in a divorce.  
  • Marital waste: In the context of adultery, marital waste is when a spouse uses joint assets to pay for an affair. But unlike dissipation, it is not necessarily malicious and can occur at any time during the marriage. Marital waste also includes negligent or reckless handling of assets beyond affair purposes. 

The judge may consider this when dividing property. For example, if your spouse uses your joint savings to buy expensive gifts for their partner, the court may award you with a larger share of the remaining funds to compensate. The underlying principle is that the financially injured spouse deserves compensation. 

Adultery can complicate the already painful process of divorce, but having legal counsel by your side can make it easier. A skilled divorce attorney can help you understand your rights, protect your interests and seek a truly equitable division of property.