Senate Bill 25-116, titled "Spousal Maintenance Guidelines," was introduced during the 2025 Regular Session of the Colorado General Assembly. The bill aims to enhance protections for victims of domestic violence in divorce proceedings by implementing specific guidelines related to spousal maintenance and property division.
Key Provisions:
Disclosure of Protection Orders: The bill mandates that parties petitioning for dissolution of marriage or legal separation disclose to the court any prior temporary or permanent restraining orders, civil protection orders, mandatory restraining orders, protection orders, and emergency protection orders entered against either party within five years prior to filing the petition.
Consideration in Property Division: When dividing marital property, the court is required to consider as a relevant factor whether a mandatory protection order has been entered against a spouse within five years prior to the filing of the petition.
Spousal Maintenance Prohibition: The bill prohibits the court from awarding spousal maintenance to a spouse who has had a mandatory protection order entered against them within five years prior to the filing of the petition.
Attorney Fees: If a mandatory protection order has been entered against a party within five years prior to the filing of the petition, the court may order the restrained party to pay the other party's attorney fees or licensed legal paraprofessional fees from marital property. The non-restrained party is not required to pay the restrained party's attorney fees or licensed legal paraprofessional fees from their separate property.
Date of Legal Separation: If a mandatory protection order has been entered against a party within five years prior to the filing of the petition, the other party may request the date of legal separation to be the date the mandatory protection order was issued against the restrained party.
These provisions are designed to provide greater protection for victims of domestic violence during divorce proceedings by considering the history of protection orders and limiting spousal maintenance in certain circumstances.
Summary
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.
