Infidelity is one of the most painful reasons a marriage ends. It can create deep emotional wounds and raise questions about fairness when it comes to divorce settlements. Many people assume that if their spouse was unfaithful, it will impact how assets are divided or how spousal support is awarded. However, in Colorado, divorce laws do not directly penalize a spouse for cheating.
At Foothills Collaborative Divorce Professionals (FCDP), we help couples navigate divorce with a focus on fairness and cooperation, even when infidelity has played a role. If you are divorcing due to an affair, here is what you need to know about how cheating may or may not affect your settlement.
Colorado Is a No-Fault Divorce State
Colorado follows no-fault divorce laws, which means that the court does not consider marital misconduct, including infidelity, when determining divorce settlements. This means that cheating is not a legal factor in decisions about property division, alimony, or child custody.
The court focuses on equitable distribution, ensuring that marital assets are divided fairly based on financial circumstances rather than personal behavior. While this may feel unfair to the spouse who was faithful, the legal system prioritizes financial facts over emotional grievances.
When Infidelity Can Affect a Divorce Settlement
Although infidelity itself does not determine settlement outcomes, there are certain circumstances where it may indirectly impact financial agreements.
One major exception is dissipation of marital assets. If a spouse used joint finances to fund an affair, such as paying for vacations, gifts, or hotel stays, the court may consider this financial misconduct. In some cases, the faithful spouse may be entitled to a larger share of the marital assets to offset the misused funds.
Another factor is how infidelity affects negotiations. Divorce settlements are often reached through mediation or collaborative divorce, where both spouses work toward an agreement. If one spouse feels deeply betrayed, they may be less willing to compromise, which can lead to more complicated discussions. Having the right legal and financial professionals can help keep negotiations focused on fair resolutions rather than emotions.
Does Cheating Affect Alimony or Spousal Support?
Spousal support, also known as maintenance, is based on financial need rather than marital behavior. Courts look at factors such as:
- The length of the marriage
- The income and earning potential of both spouses
- The financial contributions made during the marriage
Cheating does not influence whether alimony is awarded, but if an affair caused significant financial harm to the faithful spouse, it may be a factor in settlement negotiations.
How Infidelity Impacts Custody and Parenting Agreements
Colorado courts make custody decisions based on the best interests of the child. Infidelity does not automatically affect parenting time or decision-making authority, but it can become relevant if the affair negatively impacted the children.
For example, if a parent exposed the child to an inappropriate or unstable environment due to the affair, the court may take this into account when determining custody arrangements. However, if the infidelity was a private matter between spouses and did not affect parenting, it is unlikely to impact custody agreements.
How Collaborative Divorce Can Help in Cases of Infidelity
Divorcing after infidelity is emotionally challenging, which is why many couples benefit from a collaborative divorce approach. Rather than escalating conflict in court, collaborative divorce allows spouses to work through the process with attorneys, financial professionals, and family specialists who help maintain clear communication and fair settlements.
This approach can help both spouses:
- Separate financial and emotional concerns
- Ensure that asset division is handled fairly
- Keep children’s well-being as the priority
- Avoid the stress and expense of litigation
When emotions run high, collaborative divorce provides a structured environment that helps both parties reach practical and lasting agreements.
Understanding the Role of Infidelity in Divorce Settlements
Although infidelity can make divorce more emotionally difficult, it does not directly impact asset division, spousal support, or custody in Colorado. However, if an affair involved financial misconduct or affected negotiations, it may play a role in settlement discussions.
At Foothills Collaborative Divorce Professionals (FCDP), we help individuals navigate divorce after infidelity with fairness and clarity. If you are concerned about how cheating may impact your settlement, contact our team today and let us help you find the right professionals to guide you toward the best possible outcome.
