Domestic Violence, Property Division, and Spousal Maintenance in Colorado

Written by Dylan S. Sentman

Divorce in Colorado has long been governed by a no-fault system. For decades, courts focused exclusively on financial realities when dividing property and awarding spousal maintenance, not on which party was “at fault” for the breakdown of the marriage. That framework still largely exists today, but recent changes to Colorado law have introduced an important exception.

As of 2025, domestic violence and related abusive conduct can now be considered when determining spousal maintenance. This represents a meaningful shift in how courts evaluate financial issues in a divorce. At the same time, it is important to understand that most aspects of Colorado’s financial framework, including property division, remain largely unchanged.

Understanding where the law has shifted and where it has stayed the same is critical when navigating a divorce involving allegations of domestic violence.

Colorado has been a no-fault divorce state for more than fifty years under the Uniform Dissolution of Marriage Act. “No-fault” means the court does not assign blame for the breakdown of the marriage. Instead, the focus is on resolving financial issues in a way that is fair and equitable. Historically, this meant that misconduct such as domestic violence did not directly impact property division or spousal maintenance.

In fact, the maintenance statute itself explicitly required courts to make awards without regard to marital misconduct. That has now changed, at least with respect to spousal maintenance.

On May 19, 2025, Colorado enacted Senate Bill 25-116. This law, titled “Concerning Spousal Maintenance Guidelines to Protect Victims of Domestic Violence,” fundamentally changed how courts evaluate maintenance.

For the first time, Colorado courts can now consider whether one spouse engaged in abusive conduct when determining spousal maintenance. The statute directs courts to consider whether a spouse engaged in domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, or physical abuse against the other spouse.

Translated, this means courts are no longer required to ignore domestic abuse when addressing maintenance. Instead, they must affirmatively consider it as part of the analysis.

Importantly, this change to the maintenance statute does not require a criminal conviction. Allegations may be litigated through testimony, communications, and other evidence.

While the maintenance statute now requires courts to consider domestic violence and abuse, it does not dictate how that consideration affects the outcome. Instead, the statute provides judges with broad discretion.

Practically speaking, this means several outcomes are possible. A court may determine that a financially disadvantaged spouse who engaged in abusive conduct should receive reduced maintenance or no maintenance at all. Courts may also be reluctant to require a victim to financially support an abusive spouse, particularly where doing so would feel like a continuation of the abuse.

On the other hand, a court may determine that an abusive spouse who has greater financial resources should pay increased maintenance. If the abuse contributed to the other spouse’s financial dependence, limited employment opportunities, or caused physical or emotional harm that affects earning capacity, the court may find that a higher or longer maintenance award is appropriate.

In some cases, the court may find that although abuse occurred, the parties’ financial circumstances remain the most significant factor. In those situations, the maintenance award may not be significantly affected.

The key takeaway is that domestic violence is now part of the spousal maintenance equation, but it is not the only factor.

While spousal maintenance law has changed, the law governing property division has not.

Colorado continues to be an equitable distribution state. Pursuant to C.R.S. 14-10-113, the court must divide marital property in a manner that is fair or equitable, though not necessarily equal. In doing so, the court considers factors such as each spouse’s contribution to the acquisition of marital property, the value of property set apart to each spouse, the economic circumstances of each party at the time of division, and any increases or decreases in the value of separate property during the marriage.

Domestic violence, by itself, is not a factor in this analysis. Courts do not award a greater share of the marital estate simply because one spouse engaged in misconduct. However, there is an important overlap where conduct intersects with financial behavior.

Economic fault typically arises when one spouse improperly dissipates the marital estate in contemplation of litigation or during litigation. This can include spending significant marital funds for non-marital purposes, concealing assets, transferring property to third parties, or destroying assets.

When this occurs, courts have the authority to account for that loss when dividing property. The goal is to prevent one spouse from benefiting from their own misconduct and to ensure that the overall division remains equitable.

For example, if one spouse drains a joint account or incurs significant debt for non-marital purposes, the court may allocate that loss to the responsible party. This may result in that spouse receiving a smaller share of the remaining marital estate.

Economic fault becomes even more relevant when it overlaps with patterns of control or financial manipulation. While the terminology may differ, courts have long recognized that controlling access to money, restricting financial information, or misusing marital funds can have real consequences in a divorce.

Colorado remains a no-fault divorce state, and financial decisions are still driven primarily by economic factors. However, the 2025 changes to the spousal maintenance statute represent an important development.

Domestic violence is now a required consideration in maintenance awards, giving courts the ability to account for conduct that may have contributed to financial inequality or hardship. At the same time, property division continues to be governed by established principles focused on fairness and economic reality.

For individuals navigating a divorce involving domestic violence, understanding how these frameworks interact is essential. The outcome of a case may depend not only on financial documents, but also on how the court evaluates the broader context of the relationship.