Senate Committee of Reference Report
Committee on Judiciary
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April 9, 2025
After consideration on the merits, the Committee recommends the following:
SB25-116 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. Legislative declaration. (1) The general
Page 1, Line 4assembly finds that:
Page 1, Line 5(a) In Colorado:
Page 1, Line 6(I) Between 25,000 and 30,000 divorces are filed each year;
Page 1, Line 7(II) More than 10,000 protection orders are issued annually;
Page 1, Line 8(III) Between 15% and 30% of divorces involve domestic
Page 1, Line 9violence; and
Page 1, Line 10(IV) Spousal support is awarded in approximately 15% of
Page 1, Line 11divorces;
Page 1, Line 12(b) Under current Colorado law:
Page 1, Line 13(I) When a party files a petition for dissolution of marriage or
Page 1, Line 14legal separation, the party is required to disclose any temporary or
Page 1, Line 15permanent protection order that has been entered against either party
Page 1, Line 16within the 2 years prior to filing the petition;
Page 1, Line 17(II) A judge may review and consider the criminal history of each
Page 1, Line 18party within the 2 years prior to filing a petition for child custody, but a
Page 1, Line 19judge is prohibited from reviewing and considering the criminal history
Page 1, Line 20of a party in making a determination of, or eligibility for, spousal support.
Page 1, Line 21This may result in a financially secure victim being forced to pay spousal
Page 1, Line 22support to their abuser.
Page 1, Line 23(c) If a marriage lasts less than 3 years, spousal maintenance is not
Page 1, Line 24typically required. Conversely, marriages that last more than 20 years
Page 1, Line 25generally include permanent spousal maintenance payments, which
Page 1, Line 26persist until either spouse remarries or dies.
Page 2, Line 1(2) Therefore, the general assembly declares that Senate Bill 25-
Page 2, Line 2116 is intended to:
Page 2, Line 3(a) Allow a court to consider, when determining spousal
Page 2, Line 4maintenance, whether a spouse committed various forms of abuse against
Page 2, Line 5the other spouse, including domestic violence, coercive control, economic
Page 2, Line 6abuse, litigation abuse, emotional abuse, physical abuse, or unlawful
Page 2, Line 7sexual behavior; and
Page 2, Line 8(b) Allow a court to review any prior acts of domestic violence or
Page 2, Line 9similarly categorized charges as part of the court's guidelines for
Page 2, Line 10determining spousal maintenance.
Page 2, Line 11SECTION 2. In Colorado Revised Statutes, 14-10-103, add (1.5)
Page 2, Line 12as follows:
Page 2, Line 1314-10-103. Definitions and interpretations of terms. (1.5) As
Page 2, Line 14used in this article 10, unless the context otherwise requires:
Page 2, Line 15(a) "Coercive control" has the same meaning as set forth
Page 2, Line 16in section 14-10-124 (1.3).
Page 2, Line 17(b) "Domestic violence" has the same meaning as set forth
Page 2, Line 18in section 14-10-124 (1.3).
Page 2, Line 19(c) "Economic abuse" means a behavior that is coercive,
Page 2, Line 20deceptive, or manipulative, or that restrains, sabotages, or
Page 2, Line 21unreasonably controls a person's ability to acquire, use, or
Page 2, Line 22maintain economic resources that the person is entitled to,
Page 2, Line 23including using coercion, threat of harm, force, fraud, or
Page 2, Line 24manipulation to:
Page 2, Line 25(I) Restrict a person's access to money, assets, credit, or
Page 2, Line 26financial information;
Page 2, Line 27(II) Steal or unfairly use a person's economic resources,
Page 2, Line 28including money, assets, or credit;
Page 2, Line 29(III) Use a person's credit or property without
Page 2, Line 30authorization;
Page 2, Line 31(IV) Prevent a person from leaving the person's residence
Page 2, Line 32to attend school or employment;
Page 2, Line 33(V) Exploit the person's resources for personal gain;
Page 2, Line 34(VI) Withhold individual resources from a person, such as
Page 2, Line 35food, clothing, necessary medications, or shelter;
Page 2, Line 36(VII) Cause or attempt to cause a person to be financially
Page 2, Line 37dependent by maintaining control over the person's financial
Page 2, Line 38resources; or
Page 2, Line 39(VIII) Exert undue influence over a person's financial
Page 2, Line 40behavior or decisions, including forcing default on joint or
Page 2, Line 41other financial obligations; exploiting powers of attorney,
Page 2, Line 42guardianship, or conservatorship; or threatening to expose a
Page 2, Line 43person's suspected citizenship or immigration status or the
Page 3, Line 1suspected citizenship or immigration status of a person's family
Page 3, Line 2member to a federal, state, or local agency.
Page 3, Line 3(d) "Unlawful sexual behavior" has the same meaning as
Page 3, Line 4set forth in section 16-22-102.
Page 3, Line 5SECTION 3. In Colorado Revised Statutes, 14-10-107.8, amend
Page 3, Line 6(1) as follows:
Page 3, Line 714-10-107.8. Required notice of prior restraining, civil
Page 3, Line 8protection, or emergency protection orders to prevent domestic abuse
Page 3, Line 9- petitions for dissolution of marriage or legal separation. (1) When
Page 3, Line 10filing a petition for dissolution of marriage or legal separation pursuant
Page 3, Line 11to this article article 10, the filing party shall have has a duty to
Page 3, Line 12disclose to the court the existence of any prior temporary or permanent
Page 3, Line 13restraining orders and civil protection orders to prevent domestic abuse
Page 3, Line 14issued pursuant to article 14 of title 13, C.R.S., any mandatory restraining
Page 3, Line 15order and protection orders issued pursuant to section 18-1-1001, C.R.S.,
Page 3, Line 16and any emergency protection orders issued pursuant to section
Page 3, Line 1713-14-103 C.R.S., entered against either party when the other spouse
Page 3, Line 18was the protected person, by any court, within two five years prior
Page 3, Line 19to the filing of the petition of dissolution of marriage or legal separation.
Page 3, Line 20The disclosure required pursuant to this section shall must address the
Page 3, Line 21subject matter of the previous restraining, civil protection, or emergency
Page 3, Line 22protection orders, including the case number and jurisdiction issuing such
Page 3, Line 23the orders.
Page 3, Line 24SECTION 4. In Colorado Revised Statutes, 14-10-114, amend
Page 3, Line 25(3)(c)(XII); and add (3)(c)(XII.5) as follows:
Page 3, Line 2614-10-114. Spousal maintenance - advisory guidelines -
Page 3, Line 27legislative declaration - definitions. (3) (c) Factors affecting the
Page 3, Line 28amount and term of maintenance. In any proceeding for maintenance,
Page 3, Line 29the court shall consider all relevant factors, including but not limited to:
Page 3, Line 30(XII) Whether the maintenance is deductible for federal income
Page 3, Line 31tax purposes by the payor and taxable income to the recipient, and any
Page 3, Line 32adjustments to the amount of maintenance to equitably allocate the tax
Page 3, Line 33burden between the parties; and
Page 3, Line 34(XII.5) Whether a spouse has engaged in domestic violence,
Page 3, Line 35coercive control, economic abuse, litigation abuse, emotional
Page 3, Line 36abuse, physical abuse, or unlawful sexual behavior against the
Page 3, Line 37other spouse; and
Page 3, Line 38SECTION 5. Act subject to petition - effective date. This act
Page 3, Line 39takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 40ninety-day period after final adjournment of the general assembly; except
Page 3, Line 41that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 42of the state constitution against this act or an item, section, or part of this
Page 3, Line 43act within such period, then the act, item, section, or part will not take
Page 4, Line 1effect unless approved by the people at the general election to be held in
Page 4, Line 2November 2026 and, in such case, will take effect on the date of the
Page 4, Line 3official declaration of the vote thereon by the governor.".