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Effects of Infidelity on Divorce in Colorado

Infidelity happens. Studies show that nearly 20% of husbands and 13% of wives are not faithful to their wedding partner at some point of time in their married life. The fortunate thing here is that most weddings do not end due to infidelity. Conversely, Infidelity occurs after other issues have affected the trust the partners have for each other.

Many couples are able to come across infidelity. But, they can do this only if they believe that their wedding relationship is worth saving. If you are separating, you might be wondering about the effect of infidelity. The reality is that infidelity has a very little role to play in Colorado Divorces.

Can infidelity be a Ground for a Divorce in Colorado?

Colorado is one of the no-fault divorce states in the US. It means that if one spouse proves that the relationship has broken down forever, the judge will grant a divorce. In general, a desire to separate by one of the partners is enough to show that the wedding cannot be saved.

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Will Infidelity Affect Property Division or Alimony in Colorado?

In Colorado, judges will award alimony for a restricted amount of time. They will do this for restricted purposes only. The purpose can be for education. In some cases, the judges might award alimony for a longer period if the couple was married for long.

Many spouses, who were victimized, wish to punish the other for infidelity. So, they highlight infidelity to the attention of the judge. However, the Family Law in Colorado is not set in that way. The purpose of Alimony is not to penalize. So, infidelity might be taken as a narrow situation. For instance, if your spouse has spent the family earnings on a paramour, the judge might be in your favor. Here too, the judge will not give too much importance to infidelity. But, will see the economic effects of this association. The judge will do so when dividing the marital properties and in deciding alimony awards.

How About the Effect of Infidelity on Child Custody?

It cannot be stated that infidelity never matters when it comes to child custody. However, it cannot be stated that if you have been unfaithful, you cannot get the custody of your child. The judges will see whether your infidelity relationship will cause any type of harm to the child. For instance, if your new partner has criminal records to his name, the judge might rethink about awarding the child custody to you.

Considerations in Alimony Award:

When they decide on the alimony award in a divorce in Colorado, judges will consider the following:

  • Differences in income
  • Marriage Duration
  • The lifestyle followed by the couple at the time of the marriage
  • Earning ability of the proposed alimony awardee
  • Distribution and value of the marital property
  • Any hindrances to one of the couples being able to get employment. Otherwise, hindrances in making money like health conditions or caring for a minor child.

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Criminal Penalties on Infidelity:

When talking about criminal penalties on infidelity in Colorado, it is a rare instance. So, there is no criminal penalty for infidelity even though it is claimed to be a criminal offense by some people. For the residents of Colorado, the Act of Adultery itself does not have any consequence in the court. However, the monetary activities to marital infidelity might have a bearing at the time of divorce proceedings.


The one-word answer to the question of whether infidelity is one of the considerations in Colorado Divorce Proceedings is yes. However, it will happen only when economic interests are involved. So, for detailed information concerning this, you can approach an attorney in Colorado. The attorney will guide you through the process of divorce after an extra-marital relationship with your partner.

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