Adultery is the act of engaging in voluntary sexual encounters or affairs with someone other than the married person’s wife or husband. In the legal world, the party deemed the “adulterous spouse” is the one who carried out such a form of marital misconduct.
On the other hand, the authorities consider the “innocent spouse” as the victim in such situations. This said, many people going through divorce proceedings wonder how adultery comes into play when determining alimony agreements.
Divorce, in itself, is already complicated, but with the addition of alimony, it can become even messier. This is why it is better to have a Denver family law lawyer who specializes in this area on your side before you end up without spousal support.
Adultery in Colorado divorces: Does it have any bearing on alimony at all?
In many other states, adultery influences divorce, both in terms of whether a married couple can dissolve their marriage and how they can go about doing so. These states, known as fault-states, acknowledge adultery as a ground for divorce.
They may even lay down some sort of punishment on the spouse who committed the misconduct, such as increasing the amount or duration of alimony payments. However, Colorado, being the no-fault state it is, does not factor this form of marital conduct when making decisions related to alimony.
In other words, you cannot use this against your spouse to demand spousal support, nor can you use it to make the courts lengthen the payments’ duration.
Increasing your chances of gaining an advantage
Note though, that there is an exception to the rule above, albeit a very narrow one. You can have your lawyer assist you in presenting evidence that the adultery of your spouse has resulted in economic consequences, thereby affecting your own during-marriage and after-divorce finances.
Through your counsel’s expertise, you can increase your chances of not only receiving alimony but also getting a fair amount at a reasonable period.