When a marriage comes to an end because one of the two partners cheats, a heartbroken partner oftentimes looks for revenge and justice from the court system. However, Colorado is a no-fault state. What this means is that Colorado courts will not assign fault to either party during a divorce. As a result, whether a spouse cheated is not a factor that the court takes into consideration unless the cheating had some component of “economic fault.” Economic fault, unlike marital fault, involves a spouse improperly spending and dissipating marital assets. The fact that a partner cheated is irrelevant to a Colorado court, however, if that same spouse spent money on their paramour, the court may take that into consideration.
A Colorado court may view the use of marital assets in an affair as improper dissipation and marital assets and will take that into consideration when it divides the marital estate. This can also include funds used while residing and/or supporting a significant other and/or their children post-separation but prior to the divorce. If the court feels one party was irresponsible and wasteful with marital assets, it may be reflected in the final division of assets.