New Law: Enhanced Spousal Maintenance for Victims of Domestic Violence and Abuse

By Matthew C. Clawson

A major change in Colorado family law is set to take effect on August 6, 2025, and it could have significant implications for spousal maintenance awards in divorce cases involving abuse or coercion.

On May 19, 2025, Senate Bill 25-116 was signed into law. This legislation expands the criteria Colorado courts must consider when determining whether to award spousal maintenance (alimony), and in what amount and duration.

Key Change: Abuse and Coercion Must Now Be Considered

In addition to the traditional financial and lifestyle factors—such as income disparity, length of marriage, and standard of living—the court must now also consider whether either party has engaged in any of the following:

• Domestic violence, under Colorado law (C.R.S. § 18-6-800.3), includes any act or threatened act of violence against a current or former intimate partner. It also covers crimes against a person, property, or animal when used to coerce, control, punish, intimidate, or seek revenge. Examples include physical harm, threats, stalking, destroying property, or harming pets as a means of control.
• Economic abuse refers to behaviors that control a person's ability to acquire, use, or maintain financial resources. This can include restricting access to money, sabotaging employment, or using finances as a form of coercion or control.
• Emotional abuse is a pattern of behavior intended to control, manipulate, belittle, or isolate another person through non-physical means. It may include verbal attacks, threats, humiliation, gaslighting, constant criticism, or withholding affection to undermine a person's self-worth.
• Litigation abuse, though not explicitly defined in statute, typically refers to the misuse of the legal system to harass, intimidate, or financially drain the other party.
• Coercive control is a pattern of behavior used to dominate or isolate a partner through fear, manipulation, or control—often without physical violence. It may involve restricting access to money, monitoring movements, or making threats.
• Physical abuse in Colorado is generally understood as the intentional use of physical force against another person that causes, or is intended to cause, bodily harm, injury, or pain. This includes:
  • Hitting, slapping, punching
  • Shoving, grabbing, or restraining
  • Using objects or weapons to inflict harm

While not separately defined in one statute, physical abuse is encompassed within the definitions of “domestic violence” (C.R.S. § 18-6-800.3) and various assault statutes in the Colorado Criminal Code. Under SB25-116, courts must now consider evidence of physical abuse when determining spousal maintenance.

• Unlawful sexual behavior refers to a broad category of criminal offenses involving non-consensual or illegal sexual acts. This includes:
  • Sexual assault (C.R.S. § 18-3-402)
  • Unlawful sexual contact (C.R.S. § 18-3-404)
  • Sexual exploitation of a child
  • Incest and enticement of a child
  • Internet luring and related offenses

The term is defined in C.R.S. § 16-22-102(9) and is referenced throughout Colorado law, including in SB25-116.

What Does This Mean for Your Case?

If you are a survivor of abuse, this law may significantly strengthen your position in seeking maintenance or in arguing against having to pay support to your abuser. The intent of the law is clear: victims of abuse should not be further harmed financially by being required to support the person who harmed them.

Consider the following questions:

• Were you prevented from working during the marriage?
• Did your spouse control or restrict access to joint finances?
• Were you subjected to emotional manipulation or intimidation?
• Has the other party used the legal system to harass or overwhelm you (i.e., litigation abuse)?

If so, these facts may now directly impact the court’s analysis of a fair and just maintenance award.

Conversely, if you anticipate that the other party may raise allegations of abuse or coercion, it is critical to be prepared with clear, factual responses. Credibility and documentation will play a key role under this new legal framework.

Judicial Discretion and Emerging Case Law

At this stage, it remains unclear how individual judges across Colorado will interpret and apply these new factors—especially since terms like "emotional abuse" and "coercive control" are not yet well-defined in case law. However, we anticipate that courts will be given broad discretion in evaluating these dynamics to better protect vulnerable parties.

Next Steps

If you believe these issues may be relevant in your case, we encourage you to:

• Assess whether the new statutory protections apply to your situation
• Develop a strategic plan to incorporate these facts into your pleadings or testimony
• Ensure the court has a full and accurate picture of any abusive or coercive behavior that occurred during the marriage

We will continue to monitor how Colorado courts interpret Senate Bill 25-116 and adjust our approach as case law develops.

If you have questions about how this new law may affect your divorce or spousal maintenance case, especially if abuse, coercion, or financial control played a role, contact our office to schedule a confidential consultation.

Matthew Clawson | Colorado Family Law Attorney

Email: matthew@clawson.law