First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0365.01 Shelby Ross x4510
SENATE BILL 25-116
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING SPOUSAL MAINTENANCE GUIDELINES TO PROTECT101
VICTIMS OF DOMESTIC VIOLENCE .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law requires a party petitioning the court for dissolution
of marriage or legal separation (petition) to disclose to the court the
existence of any prior temporary or permanent restraining orders and civil
protection orders, any mandatory restraining orders and protection orders,
and any emergency protection orders entered against either party within
2 years prior to the filing of the petition. The bill requires the disclosure
SENATE SPONSORSHIP
Snyder and Frizell,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. of any orders entered within 5 years prior to the filing of the petition.
When dividing marital property, the bill requires the court to
consider as a relevant factor whether a mandatory protection order has
been entered against a spouse within 5 years prior to the filing of the
petition.
The bill prohibits the court from awarding spousal maintenance to
a spouse who has had a mandatory protection order entered against them
within 5 years prior to the filing of the petition.
If a mandatory protection order has been entered against a party
within 5 years prior to the filing of the petition, the bill authorizes the
court to order the restrained party to pay the other party's attorney fees or
licensed legal paraprofessional fees from marital property. The
non-restrained party must not be required to pay the restrained party's
attorney fees or licensed legal paraprofessional fees from the
non-restrained party's separate property.
If a mandatory protection order has been entered against a party
within 5 years prior to the filing of the petition, the bill authorizes the
other party to request the date of legal separation be the date the
mandatory protection order was issued against the restrained party.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 14-10-107.8, amend2
(1) as follows:3
14-10-107.8. Required notice of prior restraining, civil4
protection, or emergency protection orders to prevent domestic abuse5
- petitions for dissolution of marriage or legal separation. (1) When6
filing a petition for dissolution of marriage or legal separation pursuant7
to this article
ARTICLE 10, the filing party shall have HAS a duty to8
disclose to the court the existence of any prior temporary or permanent9
restraining orders and civil protection orders to prevent domestic abuse10
issued pursuant to article 14 of title 13, C.R.S., any mandatory restraining11
order and protection orders issued pursuant to section 18-1-1001, C.R.S.,12
and any emergency protection orders issued pursuant to section13
13-14-103 C.R.S., entered against either party by any court within two14
SB25-116-2- FIVE years prior to the filing of the petition of dissolution of marriage or1
legal separation. The disclosure required pursuant to this section shall2
MUST address the subject matter of the previous restraining, civil3
protection, or emergency protection orders, including the case number4
and jurisdiction issuing such THE orders.5
SECTION 2. In Colorado Revised Statutes, 14-10-113, amend6
(1) introductory portion; and add (1.5) as follows:7
14-10-113. Disposition of property - definitions. (1) In a8
proceeding for dissolution of marriage, or in a proceeding for legal9
separation, or in a proceeding for disposition of property following the10
previous dissolution of marriage by a court which at the time of the prior11
dissolution of the marriage lacked personal jurisdiction over the absent12
spouse or lacked jurisdiction to dispose of the property, the court, subject13
to the provisions of subsection (7) of this section, shall set apart to each14
spouse his or her SPOUSE'S property and shall divide the marital property,15
without regard to marital misconduct
EXCEPT AS PROVIDED IN SUBSECTION16
(1.5)
OF THIS SECTION, in such
proportions as the court deems just after17
considering all relevant factors including:18
(1.5) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION TO THE19
CONTRARY, WHEN DIVIDING MARITAL PROPERTY , THE COURT SHALL20
CONSIDER AS A RELEVANT FACTOR WHETHER A MANDATORY PROTECTION21
ORDER HAS BEEN ENTERED AGAINST A SPOUSE PURSUANT TO SECTION22
18-1-1001
AND THE OTHER SPOUSE WAS THE PROTECTED PERSON WITHIN23
FIVE YEARS PRIOR TO THE FILING OF THE PETITION OF DISSOLUTION OF24
MARRIAGE OR LEGAL SEPARATION .25
SECTION 3. In Colorado Revised Statutes, 14-10-114, amend26
(3)(d) as follows:27
SB25-116
-3- 14-10-114. Spousal maintenance - advisory guidelines -1
legislative declaration - definitions. (3) (d) After considering the2
provisions of this section and making the required findings of fact, the3
court shall award maintenance only if it THE COURT finds that the spouse4
seeking maintenance lacks sufficient property, including marital property5
apportioned to him or her THE SPOUSE, to provide for his or her THE6
SPOUSE'S reasonable needs and is unable to support himself or herself THE7
SPOUSE'S SELF through appropriate employment or is the custodian of a8
child whose condition or circumstances make it inappropriate for the9
spouse to be required to seek employment outside the home;
EXCEPT10
THAT THE COURT SHALL NOT AWARD MAINTENANCE TO A SPOUSE WHO HAS11
HAD A MANDATORY PROTECTION ORDER ENTERED AGAINST THEM12
PURSUANT TO SECTION 18-1-1001 AND THE OTHER SPOUSE WAS THE13
PROTECTED PERSON WITHIN FIVE YEARS PRIOR TO THE FILING OF THE14
PETITION OF DISSOLUTION OF MARRIAGE OR LEGAL SEPARATION .15
SECTION 4. In Colorado Revised Statutes, amend 14-10-119 as16
follows:17
14-10-119. Attorney and licensed legal paraprofessional fees.18
The court from time to time, after considering the financial resources of19
both parties, may order a party to pay a reasonable amount for the cost to20
the other party of maintaining or defending any proceeding pursuant to21
this article 10 and for attorney fees or licensed legal paraprofessional22
fees, including sums for legal services rendered and costs incurred prior23
to the commencement of the proceeding or after entry of judgment. The24
court may order that the amount be paid directly to the attorney or the25
licensed legal paraprofessional, who may enforce the order in the26
attorney's or the licensed legal paraprofessional's name. I
F A MANDATORY27
SB25-116
-4- PROTECTION ORDER HAS BEEN ENTERED AGAINST A PARTY PURSUANT TO1
SECTION 18-1-1001 WITHIN FIVE YEARS PRIOR TO THE FILING OF THE2
PETITION OF DISSOLUTION OF MARRIAGE OR LEGAL SEPARATION AND THE3
OTHER PARTY WAS THE PROTECTED PERSON , THE COURT MAY ORDER THE4
RESTRAINED PARTY TO PAY THE OTHER PARTY 'S ATTORNEY FEES OR5
LICENSED LEGAL PARAPROFESSIONAL FEES FROM MARITAL PROPERTY . THE6
COURT SHALL NOT REQUIRE A NON -RESTRAINED PARTY TO PAY THE7
RESTRAINED PARTY 'S ATTORNEY FEES OR LICENSED LEGAL8
PARAPROFESSIONAL FEES FROM THE NON -RESTRAINED PARTY'S SEPARATE9
PROPERTY.10
SECTION 5. In Colorado Revised Statutes, 14-10-120, amend11
(1) as follows:12
14-10-120. Decree. (1) A decree of dissolution of marriage or of13
legal separation is final when entered, subject to the right of appeal. An14
appeal from the decree of dissolution that does not challenge the finding15
that the marriage is irretrievably broken does not delay the finality of that16
provision of the decree which dissolves the marriage beyond the time for17
appealing from that provision, so that either of the parties may remarry18
pending appeal. I
F A MANDATORY PROTECTION ORDER HAS BEEN ENTERED19
AGAINST A PARTY PURSUANT TO SECTION 18-1-1001 WITHIN FIVE YEARS20
PRIOR TO THE FILING OF THE PETITION OF DISSOLUTION OF MARRIAGE OR21
LEGAL SEPARATION AND THE OTHER PARTY WAS THE PROTECTED PERSON ,22
THE OTHER PARTY MAY REQUEST THE DATE OF LEGAL SEPARATION BE THE23
DATE THE MANDATORY PROTECTION ORDER WAS ISSUED AGAINST THE24
RESTRAINED PARTY.25
SECTION 6. Act subject to petition - effective date -26
applicability. (1) This act takes effect at 12:01 a.m. on the day following27
SB25-116
-5- the expiration of the ninety-day period after final adjournment of the1
general assembly; except that, if a referendum petition is filed pursuant2
to section 1 (3) of article V of the state constitution against this act or an3
item, section, or part of this act within such period, then the act, item,4
section, or part will not take effect unless approved by the people at the5
general election to be held in November 2026 and, in such case, will take6
effect on the date of the official declaration of the vote thereon by the7
governor.8
(2) This act applies to petitions for dissolution of marriage or legal9
separation that are filed on or after the applicable effective date of this10
act.11
SB25-116
-6-