Adultery Laws in Colorado (2026): Here’s What Actually Matters

Most people think cheating on your spouse is a crime in Colorado. They’re not entirely wrong. But here’s the twist: it doesn’t matter anymore.

Seriously. Colorado used to have an old adultery law on the books. But in 2013, lawmakers repealed it. That means adultery is no longer a criminal offense in the state. You won’t get arrested for it. You won’t go to jail. No fines either.

So what does adultery actually mean for your life in Colorado? Let’s break it down.

What Is Adultery?

Adultery means having a sexual relationship with someone who isn’t your spouse while you’re married. Pretty straightforward.

In Colorado, the old law defined adultery as any married person having sex with someone other than their spouse. That included people who were legally separated but not yet divorced.

The law was created way back in the 1800s. Yep, before Colorado even became a state. It was meant to protect people, especially women, who were moving to the frontier.

But times changed. The law became outdated. And in 2013, it was finally repealed.

Why Did Colorado Repeal the Adultery Law?

Hold on, this part is important.

State lawmakers decided the old law was too invasive. It gave police the power to question people about their private lives. That felt like a massive invasion of privacy.

Representative Daniel Kagan, who pushed for the repeal, put it this way. The law let law enforcement dig into your bedroom. That’s not the government’s business.

The law also had no actual penalty attached to it. So even though adultery was technically illegal, there was no punishment spelled out. Nobody had been prosecuted for adultery in decades. The last known case was in 1925.

Makes sense, right?

Colorado Is a No-Fault Divorce State

Now, here’s where it gets interesting.

Colorado doesn’t care why your marriage failed. The state uses what’s called “no-fault divorce.” That means you don’t have to prove your spouse did something wrong to get a divorce.

The only thing you need to show is that your marriage is “irretrievably broken.” That’s it. One spouse says the marriage is over, and the court accepts it.

Adultery doesn’t need to be mentioned. Cruelty doesn’t need to be proven. You just say the marriage can’t be fixed, and that’s enough.

This has been the law since the 1970s. Colorado Revised Statute 14-10-106 lays it all out. The court won’t ask who cheated or who did what. They just need to know the marriage is done.

Does Adultery Affect Your Divorce?

Okay, pause. Read this carefully.

Even though adultery isn’t a crime, it can still affect your divorce. Just not in the way you might think.

Property Division

Colorado courts divide property fairly, but not always equally. This is called “equitable distribution.”

If your spouse spent a bunch of marital money on an affair, that matters. Let’s say they bought expensive gifts for their lover. Or they paid for secret hotel rooms and trips. Or they opened credit cards to fund the relationship.

That’s called “dissipation of assets.” The court can take that into account when dividing property. You might get a bigger share to make up for the money your spouse wasted.

Not sure what counts as wasted money? Here’s the rule: if marital funds were used to support the affair, the court might adjust the property split.

Alimony and Spousal Maintenance

Adultery itself doesn’t affect alimony in Colorado. Honestly.

Colorado Revised Statute 14-10-114 lists the factors judges consider when awarding alimony. Things like the length of the marriage, income differences, and the lifestyle you had during the marriage. Adultery isn’t on that list.

But here’s the exception. If the affair had a financial impact on the marriage, that could matter. For example, if your spouse racked up debt to support their lover, the court might consider that when deciding alimony.

So the adultery doesn’t matter. But the money spent on it might.

Pretty straightforward.

Child Custody

Child custody decisions focus entirely on the best interests of the child. Adultery alone won’t affect custody.

But wait, there’s more.

If the affair created a situation that’s bad for the kids, that’s different. For example, if your spouse introduced the children to their new partner too soon. Or if the affair led to unstable living conditions. Or if the kids were exposed to inappropriate behavior.

In those cases, the court might adjust custody. But it’s not about punishing the cheating spouse. It’s about protecting the children.

What Happens If You’re Legally Separated?

Wondering if this applies to you?

Some people think legal separation is different. They assume adultery rules don’t apply if you’re separated.

Nope. The old law covered anyone who was legally married. Even if you were separated, you were still married until the divorce was finalized.

But remember, that law was repealed. So it doesn’t matter anymore anyway.

Can You Still Use Adultery as Evidence?

Totally. You can still bring up adultery in your divorce case.

But here’s the thing. It only matters if it had a financial impact or affected the kids. The court won’t punish your spouse for cheating. But they will consider how the affair impacted the family’s finances or the children’s wellbeing.

You’ll need proof. Bank statements showing unusual spending. Credit card bills for gifts or trips. Text messages or emails that show financial support for the affair.

Document everything. The court won’t just take your word for it.

Special Circumstances

Military Members

If you’re in the military, adultery can still get you in trouble. The Uniform Code of Military Justice treats adultery as an offense. You could face a court-martial.

This is separate from Colorado state law. Military law is federal. So even though Colorado doesn’t criminalize adultery, the military still does.

Prenuptial Agreements

Some couples have prenuptial agreements that address adultery. These agreements can include clauses about what happens if one spouse cheats.

For example, a prenup might say the cheating spouse gets less money in the divorce. Or they forfeit certain property. These agreements can be enforceable in Colorado.

But the court has to approve them. They need to be fair and properly executed.

How to Handle Adultery in a Divorce

So what should you do if your spouse cheated?

Step 1: Gather Evidence

Document everything. Save text messages, emails, and bank statements. Take screenshots. Keep a timeline of events.

Don’t snoop illegally though. You can’t break into their phone or hack their email. Use evidence that’s legally obtained.

Step 2: Talk to a Lawyer

This one’s probably the most important step.

A family law attorney can help you understand your options. They can tell you if the adultery might affect property division or custody. They can also help you gather the right evidence.

Don’t go it alone. A lawyer knows the rules and can protect your interests.

Step 3: Focus on the Facts

Don’t let emotions drive your case. Yep, that’s tough when you’ve been cheated on. But the court cares about facts, not feelings.

Show how the affair impacted finances. Prove how it affected the kids. Stick to what you can document.

Step 4: Consider Mediation

Many divorces in Colorado use mediation. A neutral third party helps you and your spouse reach an agreement.

Mediation can be faster and cheaper than going to court. It also gives you more control over the outcome.

If your spouse is willing, mediation might be worth considering.

What If You Cheated?

Okay, let’s flip this around.

What if you’re the one who had an affair? What should you expect?

First, don’t panic. Adultery itself won’t automatically ruin your divorce case. Remember, Colorado doesn’t punish cheating.

But be honest about the financial impact. If you spent marital money on the affair, your spouse might get a bigger share of the assets. That’s fair.

Also, think about how the affair affected your kids. If they were exposed to your new relationship too soon, the court might adjust custody. Be prepared to show you’re putting the kids first.

Most importantly, get a lawyer. They can help you navigate the situation and protect your rights.

Recent Changes and Updates

The adultery statute was repealed in 2013. That’s over a decade ago now. Nothing has changed since then.

Colorado’s no-fault divorce laws have been in place since the 1970s. They’re well-established and stable.

No new legislation is pending that would bring back adultery laws. The state seems comfortable with the current system.

Common Misconceptions

“Adultery is still illegal in Colorado”

Nope. It was repealed in 2013. You won’t be arrested or fined.

“The court will punish my spouse for cheating”

Not really. The court only cares about the financial impact or how it affected the kids.

“I can get more alimony because my spouse cheated”

Only if the affair had a financial impact on the marriage. Adultery alone doesn’t increase alimony.

“My spouse can’t see the kids if they cheated”

Wrong. Custody decisions focus on the best interests of the child. Adultery alone won’t affect custody.

Frequently Asked Questions

Is adultery a crime in Colorado?

No. The adultery statute was repealed in 2013. It’s no longer a criminal offense.

Will adultery affect my divorce settlement?

It might. If your spouse spent marital money on the affair, the court could adjust property division. But adultery alone doesn’t automatically affect the settlement.

Can I use adultery to get full custody of my kids?

Not by itself. The court only cares about the best interests of the child. If the affair created an unstable or inappropriate environment for the kids, that might affect custody.

Do I need to prove adultery to get a divorce in Colorado?

Nope. Colorado is a no-fault divorce state. You just need to show the marriage is irretrievably broken.

What if I’m legally separated but not divorced?

The old adultery law applied to anyone who was legally married, even if separated. But since the law was repealed, it doesn’t matter anymore.

Can my prenup address adultery?

Yes. Prenuptial agreements can include clauses about adultery. But they need to be fair and properly executed.

Will my military spouse get in trouble for adultery?

Maybe. The Uniform Code of Military Justice treats adultery as an offense. They could face a court-martial. This is separate from Colorado state law.

How long does a divorce take in Colorado?

At least 91 days. That’s the mandatory waiting period from when the divorce is filed or the other spouse is served.

Final Thoughts

Here’s the bottom line. Adultery isn’t a crime in Colorado. It hasn’t been since 2013.

But it can still affect your divorce. If marital money was spent on an affair, the court might adjust property division. If the affair impacted the kids, custody could be affected.

The key is documenting the financial impact and focusing on the facts. Don’t expect the court to punish your spouse for cheating. That’s not how no-fault divorce works.

If you’re dealing with adultery in a divorce, talk to a lawyer. They can help you understand your rights and protect your interests.

Stay informed, stay focused, and when in doubt, get professional help.

References

1. Colorado Revised Statutes, Title 18, Article 6, Part 5 (Adultery statute, repealed 2013) – https://law.justia.com/codes/colorado/title-18/article-6/part-5/
2. Colorado Revised Statutes, Section 14-10-106 (Dissolution of Marriage) – https://law.justia.com/codes/colorado/title-14/article-10/section-14-10-106/
3. Colorado Revised Statutes, Section 14-10-114 (Spousal Maintenance) – https://law.justia.com/codes/colorado/title-14/article-10/
4. Wikipedia: Adultery Laws (History of Colorado’s repeal) – https://en.wikipedia.org/wiki/Adultery_laws
5. Colorado General Assembly: House Bill 1166 (2013 repeal of adultery statute) – https://www.denverpost.com/2013/02/21/repeal-of-colorado-adultery-law-passes-first-vote/