Colorado Financial Infidelity Divorce Checklist: Uncovering Hidden Assets & Protecting Your Future
By Matthew C. Clawson – Colorado Divorce Attorney
Clawson & Clawson, LLP | Serving Colorado Springs, Parker, Pueblo & Statewide
Why Financial Infidelity Can Wreck Your Colorado Divorce Settlement
Financial infidelity, hiding money, keeping secret accounts, or incurring undisclosed debt is one of the most destructive breaches of trust in a marriage. In Colorado divorces, it can also directly impact your property division, spousal maintenance, and long-term financial security.
Under C.R.S. § 14-10-113, Colorado is an equitable distribution state. This means the court divides marital property “fairly,” but fairness depends entirely on full and honest financial disclosure. If your spouse is concealing accounts, transferring funds, or secretly spending, you could walk away with far less than you deserve.
To protect yourself, follow this Colorado Financial Infidelity Divorce Checklist developed from years of handling high-asset divorce and hidden asset litigation for clients across the state.
Colorado Financial Infidelity Divorce Checklist
1. Know the Red Flags
Financial infidelity often hides in plain sight. Look for:
- Unexplained withdrawals from joint accounts
- Secret credit cards, loans, or PayPal/Venmo activity
- Sudden changes in passwords for bank or brokerage accounts
- Missing financial statements
- Overly defensive or evasive behavior when discussing money
Colorado Tip: Under C.R.C.P. 16.2(e), both spouses must file a Sworn Financial Statement and exchange complete financial disclosures. Hiding assets or debts is not only unethical, but it can lead to sanctions, attorney fee awards, and reopening of the divorce case.
2. Gather & Secure All Documentation
Before confronting your spouse or filing for divorce, secure:
- Bank statements (3+ years)
- Credit card statements (joint & individual)
- Loan, mortgage, & HELOC records
- Retirement account statements (401(k), IRA, TSP)
- Investment & brokerage accounts
- Pay stubs, W-2s, 1099s, tax returns
- Business records if your spouse owns or operates a company
Pro Tip: Download statements directly from financial institution websites. Store them in encrypted cloud storage or with your attorney. Do not store them on a shared computer.
3. Retain Experts Early
Colorado divorce cases involving hidden assets often require:
- Forensic accountants to trace transactions & uncover hidden funds
- Business valuation experts to appraise closely-held companies
- Certified Divorce Financial Analysts (CDFA®) to forecast post-divorce budgets
- Tax professionals to assess liabilities from undisclosed accounts or gains
Having a divorce attorney who already has a trusted team of experts is critical in high-asset cases.
4. Freeze or Monitor Financial Activity
- Pull a full credit report from Experian, Equifax, and TransUnion to identify unknown accounts
- Monitor for new credit applications or unexplained balances
- Request removal from joint credit cards or reduce spending limits
- In some cases, consider closing or freezing joint accounts to prevent further depletion of marital funds
5. Leverage Colorado Divorce Protections
When a divorce is filed in Colorado, C.R.S. § 14-10-107(4)(b)(I) triggers an Automatic Temporary Injunction prohibiting both spouses from:
- Transferring, hiding, or disposing of marital property
- Canceling insurance
- Changing beneficiaries on life insurance or retirement accounts
If you suspect immediate risk, your attorney can also request:
- Financial restraining orders
- Emergency orders for account freezes
- Subpoenas to banks and brokerages
6. Preserve Evidence of Financial Misconduct
- Save emails, texts, or messages admitting to hidden spending or debt
- Keep physical receipts, transfer confirmations, or ATM slips
- Document suspicious withdrawals or large unexplained purchases
7. Build Your Settlement Strategy
In Colorado, you may be entitled to an offset in your property division for marital funds wasted or hidden by your spouse (known as dissipation of assets). You might also seek:
- A larger share of remaining marital property
- Adjustments to spousal maintenance based on your spouse’s misconduct
- Attorney’s fees under C.R.S. § 14-10-119 if your spouse’s actions increased litigation costs
Act Quickly, Time Limits Apply
If hidden assets are discovered after your divorce is final, Colorado law allows you to reopen the case — but only within a limited time. Acting now gives your legal team the leverage to subpoena records, prevent asset transfers, and strengthen your settlement position.
Bottom Line
Financial infidelity can devastate your financial future, but only if you let it go unchecked. In a Colorado divorce, the right attorney and financial team can uncover hidden assets, protect what you’ve earned, and secure a fair settlement.
Schedule Your Confidential Consultation
If you suspect your spouse is hiding money, spending recklessly, or concealing debt, contact Matthew C. Clawson & Clawson, LLP today. We have the forensic tools, legal experience, and aggressive strategies to protect your rights.
About Matthew C. Clawson
Colorado Springs divorce attorney Matthew C. Clawson has been recognized for professional excellence, including:
- Super Lawyers (2020–2025)
- Best Lawyers in America (2020–2025)
- Forbes – Ten Best Divorce Lawyers in Colorado Springs (2024)
- U.S. News & World Report – Best Lawyers (2016–2024)
- Martindale-Hubbell Gold Client Champion (2018–2025)
- AVVO 10/10 Rating (2015–2024)
Colorado Family Law Attorney
Email: matthew@clawson.law