Senate Bill 25-116 Engrossed

A Bill for an Act

• Page 1, Line 101Concerning spousal maintenance guidelines to protect

• Page 1, Line 102victims of domestic violence.

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 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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly finds that:

• Page 2, Line 3(a)  In Colorado:

• (I)  Between 25,000 and 30,000 divorces are filed each year;

• Page 2, Line 4(II)  More than 10,000 protection orders are issued annually;

• Page 2, Line 5(III)  Between 15% and 30% of divorces involve domestic violence; and

• Page 2, Line 6(IV)  Spousal support is awarded in approximately 15% of divorces;

• Page 2, Line 7(b)  Under current Colorado law:

• Page 2, Line 8(I)  When a party files a petition for dissolution of marriage or

• Page 2, Line 9legal separation, the party is required to disclose any temporary or

• Page 2, Line 10permanent protection order that has been entered against either party within the 2 years prior to filing the petition;

• Page 3, Line 1(II)  A judge may review and consider the criminal history of each

• Page 3, Line 2party within the 2 years prior to filing a petition for child custody, but a

• Page 3, Line 3judge is prohibited from reviewing and considering the criminal history

• Page 3, Line 4of a party in making a determination of, or eligibility for, spousal support.

• Page 3, Line 5This may result in a financially secure victim being forced to pay spousal support to their abuser.

• Page 3, Line 6(c)  If a marriage lasts less than 3 years, spousal maintenance is not

• Page 3, Line 7typically required. Conversely, marriages that last more than 20 years

• Page 3, Line 8generally include permanent spousal maintenance payments, which persist until either spouse remarries or dies.

• Page 3, Line 9(2)  Therefore, the general assembly declares that Senate Bill 25-116 is intended to:

• Page 3, Line 10(a)  Allow a court to consider, when determining spousal

• Page 3, Line 11maintenance, whether a spouse committed various forms of abuse against

• Page 3, Line 12the other spouse, including domestic violence, coercive control, economic

• Page 3, Line 13abuse, litigation abuse, emotional abuse, physical abuse, or unlawful sexual behavior; and

• Page 3, Line 14(b)  Allow a court to review any prior acts of domestic violence or

• Page 3, Line 15similarly categorized charges as part of the court's guidelines for determining spousal maintenance.

• Page 3, Line 16SECTION 2.  In Colorado Revised Statutes, 14-10-103, add (1.5) as follows:

• Page 3, Line 1714-10-103.  Definitions and interpretations of terms. (1.5)  As used in this article 10, unless the context otherwise requires:

• Page 3, Line 18(a)  "Coercive control" has the same meaning as set forth

• Page 3, Line 19in section 14-10-124 (1.3).

• Page 4, Line 1(b)  "Domestic violence" has the same meaning as set forth in section 14-10-124 (1.3).

• Page 4, Line 2(c)  "Economic abuse" means a behavior that is coercive,

• Page 4, Line 3deceptive, or manipulative, or that restrains, sabotages, or

• Page 4, Line 4unreasonably controls a person's ability to acquire, use, or

• Page 4, Line 5maintain economic resources that the person is entitled to,

• Page 4, Line 6including using coercion, threat of harm, force, fraud, or manipulation to:

• Page 4, Line 7(I)  Restrict a person's access to money, assets, credit, or financial information;

• Page 4, Line 8(II)  Steal or unfairly use a person's economic resources, including money, assets, or credit;

• Page 4, Line 9(III)  Use a person's credit or property without authorization;

• Page 4, Line 10(IV)  Prevent a person from leaving the person's residence to attend school or employment;

• Page 4, Line 11(V)  Exploit the person's resources for personal gain;

• Page 4, Line 12(VI)  Withhold individual resources from a person, such as food, clothing, necessary medications, or shelter;

• Page 4, Line 13(VII)  Cause or attempt to cause a person to be financially

• Page 4, Line 14dependent by maintaining control over the person's financial resources; or

• Page 4, Line 15(VIII)  Exert undue influence over a person's financial

• Page 4, Line 16behavior or decisions, including forcing default on joint or

• Page 4, Line 17other financial obligations; exploiting powers of attorney,

• Page 4, Line 18guardianship, or conservatorship; or threatening to expose a

• Page 4, Line 19person's suspected citizenship or immigration status or the

• Page 5, Line 1suspected citizenship or immigration status of a person's family member to a federal, state, or local agency.

• Page 5, Line 2(d)  "Unlawful sexual behavior" has the same meaning as set forth in section 16-22-102.

• Page 5, Line 3SECTION 3.  In Colorado Revised Statutes, 14-10-107.8, amend (1) as follows:

• Page 5, Line 414-10-107.8.  Required notice of prior restraining, civil

• Page 5, Line 5protection, or emergency protection orders to prevent domestic abuse

• Page 5, Line 6- petitions for dissolution of marriage or legal separation. (1)  When

• Page 5, Line 7filing a petition for dissolution of marriage or legal separation pursuant

• Page 5, Line 8to this article article 10, the filing party shall have has a duty to

• Page 5, Line 9disclose to the court the existence of any prior temporary or permanent

• Page 5, Line 10restraining orders and civil protection orders to prevent domestic abuse

• Page 5, Line 11issued pursuant to article 14 of title 13, C.R.S., any mandatory restraining

• Page 5, Line 12order and protection orders issued pursuant to section 18-1-1001, C.R.S.,

• Page 5, Line 13and any emergency protection orders issued pursuant to section

• Page 5, Line 1413-14-103 C.R.S., entered against either party when the other spouse

• Page 5, Line 15was the protected person, by any court, within two five years prior

• Page 5, Line 16to the filing of the petition of dissolution of marriage or legal separation.

• Page 5, Line 17The disclosure required pursuant to this section shall must address the

• Page 5, Line 18subject matter of the previous restraining, civil protection, or emergency

• Page 5, Line 19protection orders, including the case number and jurisdiction issuing such the orders.

• Page 5, Line 20SECTION 4.  In Colorado Revised Statutes, 14-10-114, amend (3)(c)(XII); and add (3)(c)(XII.5) as follows:

• Page 5, Line 2114-10-114.  Spousal maintenance - advisory guidelines -

• Page 5, Line 22legislative declaration - definitions. (3) (c)  Factors affecting the

• Page 6, Line 1amount and term of maintenance. In any proceeding for maintenance, the court shall consider all relevant factors, including but not limited to:

• Page 6, Line 2(XII)  Whether the maintenance is deductible for federal income

• Page 6, Line 3tax purposes by the payor and taxable income to the recipient, and any

• Page 6, Line 4adjustments to the amount of maintenance to equitably allocate the tax burden between the parties; and

• Page 6, Line 5(XII.5)  Whether a spouse has engaged in domestic violence,

• Page 6, Line 6coercive control, economic abuse, litigation abuse, emotional

• Page 6, Line 7abuse, physical abuse, or unlawful sexual behavior against the other spouse; and

• Page 6, Line 8SECTION 5.  Act subject to petition - effective date. This act

• Page 6, Line 9takes effect at 12:01 a.m. on the day following the expiration of the

• Page 6, Line 10ninety-day period after final adjournment of the general assembly; except

• Page 6, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 6, Line 12of the state constitution against this act or an item, section, or part of this

• Page 6, Line 13act within such period, then the act, item, section, or part will not take

• Page 6, Line 14effect unless approved by the people at the general election to be held in

• Page 6, Line 15November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.