A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In Colorado, which is an equitable distribution state, marital property is divided equitably (though not necessarily equally) in the event of a divorce. If a spouse uses marital assets to buy gifts for a paramour, the other spouse may have a claim for reimbursement. Colorado law does not consider marital misconduct such as adultery when dividing property, except in extraordinary cases where one spouse has squandered marital assets. In such cases, the court may order the spouse who spent marital assets on a paramour to reimburse the marital estate. This could involve returning the gift if it retains its value, such as jewelry, or replacing the funds with the cheating spouse’s separate property. It's important to note that proving the misuse of marital assets can be complex and typically requires clear evidence of the expenditure and its purpose. An attorney can provide guidance on how to pursue a reimbursement claim in the context of Colorado's laws.