Adultery in Colorado Law: Definition and Practical Meaning
Under Colorado law, adultery is a specific legal definition that matters in certain contexts but does not usually drive the overall outcome of a divorce. Understanding what counts as adultery and what it does and does not change helps you set realistic expectations and focus on what truly shapes property, support, and parenting outcomes.
How Colorado Defines Adultery
Colorado Revised Statutes § 18-6-301 defines adultery as a Class 1 petty offense committed when a person has sexual intercourse with someone who is not that person’s spouse, and at least one party is married to someone else. Key points include:
- Both parties must be unmarried to someone else for the act to meet the legal definition; a single act can be sufficient.
- Proof requires a preponderance of the evidence, which is the same standard used in the divorce case itself.
- Colorado abolished criminal adultery as a misdemeanor effective July 1, 2021, but the civil definition survives and can be relevant in family court.
Colorado Is a No‑Fault Divorce State
Colorado is a no‑fault state, which means you can obtain a divorce without proving that one party did something wrong. The only statutory grounds are:
- The marriage is irretrievably broken, or
- One party has been incurably insane for at least two years.
Because fault is not required, most divorces proceed on an irretrievable breakdown basis. This typically makes cheating irrelevant to the basic decision to end the marriage, but behavior can still matter in specific areas discussed below.
How Cheating Affects Property Division in Colorado
Colorado is an equitable distribution state, meaning the court divides marital property fairly, but not necessarily equally. Marital property generally includes assets and debts acquired during the marriage, regardless of whose name is on them. When cheating is involved, consider these points:
- Marital property is divided based on factors such as the marriage’s length, each party’s contributions, and future earning capacity; adultery alone is not a formal factor in this analysis.
- However, if adultery leads to the dissipation of marital assets—such as spending large sums on a third party or hiding money—those funds may be considered in a fair division.
- Property acquired before the marriage or by inheritance or gift usually remains separate, but commingling can change that, especially if marital funds are used to maintain or improve separate assets.
Property Division Factors at a Glance
| Attribute | Verified Detail | Source Type |
|---|---|---|
| Property Division Standard | Equitable (fair) distribution, not automatic equal split | Colorado Revised Statutes § 14-10-112 |
| Date of Property Assessment | Valued as of the date of separation or final decree, as determined by the court | Judicial practice |
| Dissipation of Assets | Use of marital funds for a affair‑related expenses can be viewed as dissipation and subject to offset | Case law and judicial discretion |
| Separate Property | Assets owned before marriage, by inheritance, or as a gift remain separate unless commingled | Colorado Revised Statutes § 14-10-112(3) |
| Fault Considerations | Generally not a direct factor in division unless it involves waste or dissipation | Colorado appellate decisions |
Spousal Maintenance and Fault
Spousal maintenance (alimony) in Colorado is determined by a set of factors listed in statute, including the length of the marriage, each party’s earning capacity, financial resources, and the ability to meet needs without interfering with children’s reasonable needs. Key points related to cheating include:
- Adultery itself is not a standalone factor in calculating maintenance, but related financial misconduct can influence outcomes.
- If one spouse supported an affair by depleting marital resources, the court may consider that when determining the amount or duration of support.
- Behavior that affects a spouse’s employability—such as leaving the home during an affair—can be weighed in context with other relevant factors.
Practical Steps if Cheating Is Involved
If you are considering or going through a Colorado divorce and cheating is a factor, focus on actions that protect your interests and clarify the issues.
- Document financial activity carefully, including unusual transfers, gifts, or expenses linked to an affair.
- Gather records that show the source and use of marital funds to prepare for potential dissipation claims.
- Avoid discussing settlement or strategy on unsecured channels; use attorney–client communication.
- Understand that the goal is an equitable outcome, not necessarily a punishment based on fault.
- Work with professionals who can address both legal and financial dimensions of the situation.
Impact on Children and Parenting Considerations
Colorado courts prioritize the best interests of the child when making parenting decisions. Cheating alone does not determine custody or parenting time, but related factors can matter, such as:
- Whether the behavior affected the child’s well‑being or stability.
- A parent’s ability to provide a safe, consistent environment.
- Any disruption to the child’s routine caused by marital conflict or separation timing.
The court may consider a parent’s moral fitness if it directly relates to their capacity to parent, but this is evaluated broadly and in context rather than based on a single act.