Does infidelity affect property division during a divorce?

When you are going through a divorce, you may have some questions regarding the division of marital property as it applies to your situation. Because laws vary from state to state, you may wonder how infidelity affects property division in Colorado.

As found in the Colorado Revised Statues of 2016 under title 14, Colorado is a no fault state. This means that neither party has to accept responsibility for the dissolution of the marriage. As such, marital misconduct is not taken into account when dividing property and assets, including infidelity. The judge will decide how to split marital property while taking into account the following:

  • The contribution made by each party in regards to the property. This includes contributions of a homemaker spouse.
  • The value of the property
  • The economic situation of each party at the time of the divorce
  • Increases or decreases to the value of the marital property since the inception of the marriage

It is important to note that the courts do not have to divide the property equally. The judge will award each part an amount based on what he or she determines is fair. This may mean, for example, that the spouse who has custody of the children receives the entire house.

The judge will also treat separate property differently than marital property. Separate property can actually be quite complicated since it includes assets that were individually owned and then brought into the marriage. The distribution of debts is also done in a fair, rather than equal, manner. This may result in the spouse with the higher income bearing most of the burden.