My Spouse Cheated, Can I Ask for Spousal Maintenance?

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If your spouse cheated on you, you may be wondering if adultery will have any impact on your ability to seek alimony, or “spousal maintenance” as it is referred to in Colorado. Spousal maintenance is money that one spouse pays to the other spouse during and after a divorce.

Alimony is meant to ensure that both spouses are able to maintain a similar standard of living as they enjoyed during the marriage. Colorado lawmakers are well-aware that married couple’s finances are heavily comingled. In fact, the Colorado General Assembly went so far as to say that “the economic lives of spouses are frequently closely intertwined in marriage.”

In regards to alimony, Colorado has a presumption that when the couple’s combined gross annual income is less than $75,000, the court must order temporary alimony during the divorce proceedings. On the other hand, when the gross annual income is over $75,000, awarding temporary alimony is “optional” for the judge.

Essentially, the purpose of these laws is to ensure that a spouse with less income or assets doesn’t become impoverished while the divorce is being processed by the courts.

How does adultery affect Colorado divorce?

In the eyes of the law, adultery occurs when a married person engages in a voluntary sexual encounter or a relationship with someone who is not the person’s legal spouse. In such cases, the adulterous spouse committed marital misconduct, and the other spouse is the “innocent spouse.”

In some states such as Texas, adultery can affect divorce proceedings and even alimony awards, however, Colorado is a “no-fault” state. This means that the courts are not concerned with adultery, or any other reason why the marriage has failed.

Unfortunately, even if you hired a private detective and have plenty of photos, or other proof of the affair such as credit card statements, emails, Facebook messages, or text messages, the court will not consider any such evidence.

Colorado judges are not allowed to consider adultery, or any other misconduct when making decisions regarding temporary or permanent alimony, nor can adultery be considered when a judge is deciding on the amount or duration of an alimony award. A court’s decision regarding alimony must be impartial and made in a fair and reasonable manner.

We hope this answers your questions regarding adultery and alimony. If you have further questions, do not hesitate to contact Jones Law Firm, PC to arrange a free consultation with our Denver divorce attorney!

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April and staff were wonderful.

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I will be recommending friends, family, and associates to Jones Law.

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“April Jones has represented me very well in my family court case. April always valued how I felt and what I wanted the outcome to be for the case. She understood my concerns and made sure they were kept on the forefront. I feel my cases outcome was positive for me and my family because of that. Thank you.”

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In the most difficult time of my life, April Jones was there for our family.

“I am SO thankful for April and her team! She personally went well above and beyond the call of duty on my custody and child support case and helped me out of a nightmare situation with my ex-wife and restored balance and fairness in my family. I am happy, and most importantly the kiddos are happy!! Thank you SO much April for all you do!”

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“April and her team made my divorce quick and smooth. I would recommend them to any one. Even after my case if I need to call in for anything the team there are always so nice and helpful. I would not be in the life I have now if it weren’t for the help I got from this firm.”

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Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe!

“Having had the pleasure and experience of having Ms. April Jones of Jones Law Firm, PC represent me in my recent divorce, I must say how truly BLESSED I was. Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe! In the aftermath (or dare I say ‘afterglow’!) of such an emotional separation departure, I graciously and honestly can suggest and recommend Jones Law Firm, PC !”

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Ms. Jones’ best quality as an attorney is her ability to take charge.

“Ms. Jones was my attorney in 2002. She is sharp, quick and strong and we won my case decisively. I am currently having Ms. Jones represent me again on another issue in 2010-2011. Based on my observation, Ms. Jones is sharper and stronger and has attained greater knowledge and insight. I have noticed that Ms. Jones desires to win each case with integrity. She cares about her client’s welfare at all times. Ms. Jones’ best quality as an attorney is her ability to take charge. I have recommended Ms. Jones to my friends and co-workers.”

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April settled my case literally out in the courthouse hallway.

“April settled my case literally out in the courthouse hallway.I had a landlord that failed to make promised repairs to my apartment. I was paying for a two bedroom,two bathroom place but only one bathroom worked. He said he would repair it when I moved in but 7 months went by and he was still making excuses. He lived in hawaii, the apartment was in california and he used that as his excuse. I decided to stop paying him until he fixed the bathroom I had BEEN paying for. After 3 months of that he arrived at my apartment and decided to take me to court rather than fix the bathroom and collect back rent which I had been holding onto. April negotiated a deal before we went into court for an immediate cash payment for 1 month and I could take a week to move out. My landlord accepted and a possible unlawful detainer ruling was avoided. I was able to use the 2 months rent I still had to find another apartment which would have been much harder to do with a unlawful detainer on my record.”

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April is very knowledgeable of the law and will not let you down.

“I cannot be more happy with the April Jones Law Firm! I hired her in 2012 for disputes over child support and other items, we had to go to court 3 times on separate matters and every time we were successful. April is very knowledgeable of the law and will not let you down. If I ever need a family law attorney I will call April Jones.”

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