First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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 disclosureSENATE
3rd Reading Unamended
April 14, 2025
SENATE
Amended 2nd Reading
April 11, 2025
SENATE SPONSORSHIP
Snyder and Frizell, Amabile, Ball, Coleman, Cutter, Exum, Gonzales J., Hinrichsen,
Jodeh, Kipp, Michaelson Jenet, Sullivan, Wallace, Weissman
HOUSE SPONSORSHIP
Duran and Armagost,
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. Legislative declaration. (1) The general assembly
2
finds that:3
(a) In Colorado:4
(I) Between 25,000 and 30,000 divorces are filed each year;5
(II) More than 10,000 protection orders are issued annually;6
(III) Between 15% and 30% of divorces involve domestic7
violence; and8
(IV) Spousal support is awarded in approximately 15% of9
divorces;10
(b) Under current Colorado law:11
(I) When a party files a petition for dissolution of marriage or12
legal separation, the party is required to disclose any temporary or13
permanent protection order that has been entered against either party14
116-2- within the 2 years prior to filing the petition;1
(II) A judge may review and consider the criminal history of each2
party within the 2 years prior to filing a petition for child custody, but a3
judge is prohibited from reviewing and considering the criminal history4
of a party in making a determination of, or eligibility for, spousal support.5
This may result in a financially secure victim being forced to pay spousal6
support to their abuser.7
(c) If a marriage lasts less than 3 years, spousal maintenance is not8
typically required. Conversely, marriages that last more than 20 years9
generally include permanent spousal maintenance payments, which10
persist until either spouse remarries or dies.11
(2) Therefore, the general assembly declares that Senate Bill12
25-116 is intended to:13
(a) Allow a court to consider, when determining spousal14
maintenance, whether a spouse committed various forms of abuse against15
the other spouse, including domestic violence, coercive control, economic16
abuse, litigation abuse, emotional abuse, physical abuse, or unlawful17
sexual behavior; and18
(b) Allow a court to review any prior acts of domestic violence or19
similarly categorized charges as part of the court's guidelines for20
determining spousal maintenance.21
SECTION 2. In Colorado Revised Statutes, 14-10-103, add (1.5)22
as follows:23
14-10-103. Definitions and interpretations of terms. (1.5) A
S
24
USED IN THIS ARTICLE 10, UNLESS THE CONTEXT OTHERWISE REQUIRES :25
(a) "C
OERCIVE CONTROL" HAS THE SAME MEANING AS SET FORTH
26
IN SECTION 14-10-124 (1.3).27
116
-3- (b) "DOMESTIC VIOLENCE" HAS THE SAME MEANING AS SET FORTH1
IN SECTION 14-10-124 (1.3).2
(c) "E
CONOMIC ABUSE" MEANS A BEHAVIOR THAT IS COERCIVE ,
3
DECEPTIVE, OR MANIPULATIVE, OR THAT RESTRAINS, SABOTAGES, OR4
UNREASONABLY CONTROLS A PERSON 'S ABILITY TO ACQUIRE, USE, OR5
MAINTAIN ECONOMIC RESOURCES THAT THE PERSON IS ENTITLED TO ,6
INCLUDING USING COERCION , THREAT OF HARM , FORCE, FRAUD, OR7
MANIPULATION TO:8
(I) R
ESTRICT A PERSON'S ACCESS TO MONEY, ASSETS, CREDIT, OR
9
FINANCIAL INFORMATION;10
(II) S
TEAL OR UNFAIRLY USE A PERSON'S ECONOMIC RESOURCES,
11
INCLUDING MONEY, ASSETS, OR CREDIT;12
(III) U
SE A PERSON'S CREDIT OR PROPERTY WITHOUT
13
AUTHORIZATION;14
(IV) P
REVENT A PERSON FROM LEAVING THE PERSON 'S RESIDENCE
15
TO ATTEND SCHOOL OR EMPLOYMENT ;16
(V) E
XPLOIT THE PERSON'S RESOURCES FOR PERSONAL GAIN;
17
(VI) W
ITHHOLD INDIVIDUAL RESOURCES FROM A PERSON , SUCH AS
18
FOOD, CLOTHING, NECESSARY MEDICATIONS, OR SHELTER;19
(VII) C
AUSE OR ATTEMPT TO CAUSE A PERSON TO BE FINANCIALLY
20
DEPENDENT BY MAINTAINING CONTROL OVER THE PERSON 'S FINANCIAL21
RESOURCES; OR22
(VIII) E
XERT UNDUE INFLUENCE OVER A PERSON 'S FINANCIAL
23
BEHAVIOR OR DECISIONS, INCLUDING FORCING DEFAULT ON JOINT OR24
OTHER FINANCIAL OBLIGATIONS ; EXPLOITING POWERS OF ATTORNEY ,25
GUARDIANSHIP, OR CONSERVATORSHIP; OR THREATENING TO EXPOSE A26
PERSON'S SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OR THE27
116
-4- SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OF A PERSON 'S FAMILY1
MEMBER TO A FEDERAL, STATE, OR LOCAL AGENCY.2
(d) "U
NLAWFUL SEXUAL BEHAVIOR " HAS THE SAME MEANING AS
3
SET FORTH IN SECTION 16-22-102.4
SECTION 3. In Colorado Revised Statutes, 14-10-107.8, amend5
(1) as follows:6
14-10-107.8. Required notice of prior restraining, civil7
protection, or emergency protection orders to prevent domestic abuse8
- petitions for dissolution of marriage or legal separation. (1) When9
filing a petition for dissolution of marriage or legal separation pursuant10
to this article ARTICLE 10, the filing party shall have HAS a duty to11
disclose to the court the existence of any prior temporary or permanent12
restraining orders and civil protection orders to prevent domestic abuse13
issued pursuant to article 14 of title 13, C.R.S., any mandatory restraining14
order and protection orders issued pursuant to section 18-1-1001, C.R.S.,15
and any emergency protection orders issued pursuant to section16
13-14-103 C.R.S., entered against either party WHEN THE OTHER SPOUSE17
WAS THE PROTECTED PERSON , by any court, within two FIVE years prior18
to the filing of the petition of dissolution of marriage or legal separation.19
The disclosure required pursuant to this section shall MUST address the20
subject matter of the previous restraining, civil protection, or emergency21
protection orders, including the case number and jurisdiction issuing such22
THE orders.23
SECTION 4. In Colorado Revised Statutes, 14-10-114, amend24
(3)(c)(XII); and add (3)(c)(XII.5) as follows:25
14-10-114. Spousal maintenance - advisory guidelines -26
legislative declaration - definitions. (3) (c) Factors affecting the27
116
-5- amount and term of maintenance. In any proceeding for maintenance,1
the court shall consider all relevant factors, including but not limited to:2
(XII) Whether the maintenance is deductible for federal income3
tax purposes by the payor and taxable income to the recipient, and any4
adjustments to the amount of maintenance to equitably allocate the tax5
burden between the parties; and6
(XII.5) W
HETHER A SPOUSE HAS ENGAGED IN DOMESTIC VIOLENCE ,
7
COERCIVE CONTROL, ECONOMIC ABUSE, LITIGATION ABUSE, EMOTIONAL8
ABUSE, PHYSICAL ABUSE, OR UNLAWFUL SEXUAL BEHAVIOR AGAINST THE9
OTHER SPOUSE; AND10
SECTION 5. Act subject to petition - effective date. This act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly; except13
that, if a referendum petition is filed pursuant to section 1 (3) of article V14
of the state constitution against this act or an item, section, or part of this15
act within such period, then the act, item, section, or part will not take16
effect unless approved by the people at the general election to be held in17
November 2026 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
116
-6-