Yes. Colorado courts may consider domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, physical abuse, and unlawful sexual behavior against a spouse when deciding spousal maintenance, which is what Colorado law calls alimony. These factors do not automatically create, increase, reduce, or bar an award.
The change comes from Senate Bill 25-116, which took effect on August 6, 2025. [1] If abuse shaped your marriage or your finances, it now has a defined place in the analysis courts use for spousal maintenance in Colorado. Knowing where these factors fit helps you build the right record before temporary or permanent orders.
How does Colorado maintenance law treat abuse-related factors?
Abuse-related conduct is now one of the factors a court considers when setting the amount and term of maintenance under C.R.S. § 14-10-114. [2] SB 25-116 added a factor asking whether a spouse has engaged in domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, physical abuse, or unlawful sexual behavior against the other spouse.
A criminal conviction is not required for the court to weigh this factor. Judges can consider testimony, records, and other evidence the same way they evaluate the financial factors. How much weight it carries in your Colorado spousal maintenance case depends on the facts, because the statute does not tell the court what result an abuse finding must produce.
Is alimony still no-fault in Colorado?
Colorado divorce itself remains no-fault, and maintenance is still not a tool for punishing bad behavior. Neither spouse has to prove wrongdoing to end the marriage. What changed is narrower: defined categories of abusive conduct are now a factor the court can weigh alongside need, resources, and ability to pay.
That distinction matters in practice. General marital conflict, hurt feelings, or an affair are not what the new factor addresses. The statute targets specific abusive conduct directed at the other spouse.
What counts as economic abuse under Colorado law?
Colorado law defines economic abuse as behavior that is coercive, deceptive, or manipulative, or that restrains, sabotages, or unreasonably controls a person’s ability to acquire, use, or maintain economic resources the person is entitled to. The definition includes using coercion, threats, force, fraud, or manipulation to do things like the examples below.
- Restricting your access to money, assets, credit, or financial information
- Taking or unfairly using your money, assets, or credit, or using your credit or property without authorization
- Preventing you from leaving home to attend school or work
- Withholding basic resources such as food, clothing, necessary medications, or shelter
- Keeping you financially dependent by controlling your financial resources, or forcing default on joint financial obligations
Here is how the abuse-related terms in the maintenance factor are grounded in Colorado law.
| Term | Where it is defined | What it generally covers |
|---|---|---|
| Domestic violence | C.R.S. § 14-10-124(1.3), incorporated for maintenance by SB 25-116 | An act or threatened act of violence against a person in an intimate relationship, which can include related coercive conduct |
| Coercive control | C.R.S. § 14-10-124(1.3), incorporated for maintenance by SB 25-116 | A pattern of threatening, humiliating, or intimidating actions used to harm, punish, or frighten a person |
| Economic abuse | C.R.S. § 14-10-103(1.5), added by SB 25-116 | Coercive, deceptive, or manipulative control over a person’s money, credit, work, or basic resources |
| Litigation abuse | Listed as a maintenance factor; not separately defined in the maintenance statute | Misusing court filings and legal process to harass, exhaust, or control the other spouse |
| Unlawful sexual behavior | C.R.S. § 16-22-102, incorporated by SB 25-116 | A defined set of criminal sexual offenses under Colorado law |
Does litigation abuse matter in a maintenance case?
Yes, litigation abuse is expressly listed in the new maintenance factor. The maintenance statute does not give it a standalone definition, so courts evaluate the conduct itself. Patterns that may fit include repeated frivolous filings, discovery games designed to drain the other spouse’s resources, or dragging out the case to keep financial pressure on.
If the litigation itself has been used as a weapon, document it. A record of unnecessary motions, missed deadlines, and cost-inflating tactics gives the court something concrete to weigh.
How do abuse factors interact with income, need, and ability to pay?
The abuse factor joins the analysis; it does not replace it. The court still examines each spouse’s income and resources, reasonable financial need, earning capacity, the length of the marriage, and the advisory guideline calculation before deciding the amount and term of maintenance.
Abuse evidence often connects directly to those financial questions. A spouse who was kept out of the workforce, cut off from accounts, or saddled with coerced debt may have a lower earning capacity and greater need, and the court can now consider why.
What evidence can support an abuse-related maintenance argument?
Courts weigh documentation, not labels. Useful evidence often includes the items below, and an attorney can help you gather it safely.
- Protection orders. SB 25-116 also expanded the required disclosure of prior restraining and protection orders in a divorce from two years to five years before filing.
- Financial records. Bank statements, credit reports, loan documents, and pay records showing restricted access, coerced debt, or blocked employment.
- Communications. Texts, emails, and voicemails showing threats, monitoring, or financial control.
- Police, medical, or counseling records. Reports and treatment records that corroborate the pattern.
- Witnesses and experts. People who observed the conduct, and professionals such as vocational evaluators or forensic accountants who can tie it to your finances.
Does abuse guarantee maintenance in Colorado?
No. An abuse finding does not automatically produce an award, a larger award, or a denial of the other spouse’s request. It is one factor among many, and the court must still find that a maintenance award is fair and equitable under the full circumstances.
The same caution runs the other way. An allegation alone does not decide the case, and the court will expect evidence, not just accusations.
Can abuse affect temporary maintenance too?
Yes. Temporary maintenance can be ordered while the divorce is pending, and the court considers the relevant statutory factors at that stage as well. Raising the issue early matters, because temporary orders often shape the financial baseline for the rest of the case.
If you are in danger now, treat safety as the first step. Call 911 in an emergency, or reach the National Domestic Violence Hotline at 800-799-7233 for confidential support. [3] A Colorado court can also issue a civil protection order, which is a separate process from maintenance.
Does a protection order decide maintenance?
No. A protection order does not decide whether maintenance is awarded or how much is paid. It must be disclosed if entered within five years before the divorce filing, and it can serve as evidence for the abuse-related factor, but the court still weighs all of the maintenance factors together.
Talk With a Colorado Spousal Maintenance Attorney
The right next step depends on your financial record, your safety, and the evidence available before temporary or permanent orders are set. Johnson Law Group can review your situation, give you a clear read on how the maintenance factors apply, and help you prepare the record the court will actually weigh.
Our Colorado family law attorneys handle maintenance cases involving domestic violence, coercive control, and financial abuse with the discretion they require. With offices across Colorado, we are ready to meet in person or virtually. Schedule a free, no-pressure consultation today.
Sources
[2] C.R.S. § 14-10-114 – Spousal Maintenance, Colorado Revised Statutes, Colorado General Assembly | https://leg.colorado.gov/laws/colorado-revised-statutes
[3] National Domestic Violence Hotline – 24/7 Confidential Support | https://www.thehotline.org/