If you’re going through a divorce in Colorado, an important change in state law could affect how courts evaluate spousal maintenance (formerly known as alimony). As of August 6, 2025, Colorado courts must now consider evidence of certain types of abuse when determining whether spousal maintenance should be awarded and, if so, the amount and duration of the award.
This change reflects a broader understanding that abuse is not always physical and that certain behaviors can have long-lasting financial and emotional effects on a spouse’s ability to become financially independent after a divorce.
What Changed?
Colorado’s new law expands the factors courts consider when making spousal maintenance decisions. In addition to traditional financial factors such as income, earning capacity, the length of the marriage, and each spouse’s financial resources, courts must now also consider evidence of abuse that may have affected one spouse during the marriage.
The law recognizes that abusive behavior can significantly impact a person’s financial stability, career opportunities, emotional well-being, and ability to support themselves after divorce.
Types of Abuse Courts May Consider
One of the most significant aspects of this new law is its recognition that abuse can take many forms.
Domestic Violence
Domestic violence has long been an important consideration in family law matters. Under the updated law, evidence of domestic violence may also be relevant when determining spousal maintenance.
Coercive Control
Coercive control involves patterns of behavior intended to dominate, isolate, or manipulate another person. This may include restricting contact with family and friends, monitoring daily activities, making threats, or preventing a spouse from making independent decisions.
Economic Abuse
Financial control can be one of the most damaging forms of abuse. Examples may include controlling all household finances, preventing a spouse from working, hiding assets, limiting access to money, or creating financial dependence.
Emotional Abuse
Emotional abuse may include intimidation, humiliation, manipulation, repeated threats, or other behaviors that negatively affect a person’s emotional well-being and confidence.
Litigation Abuse
In some situations, abusive behavior may continue even after a divorce is filed. Litigation abuse may involve using the legal process to harass the other party, unnecessarily increase legal expenses, or prolong litigation without a legitimate purpose.
Does This Mean Maintenance Is Automatic?
No.
Colorado’s new law does not automatically guarantee that a spouse will receive or pay spousal maintenance simply because abuse occurred. Instead, it requires courts to consider evidence of abuse as one of many factors when making maintenance decisions.
Every divorce is unique, and judges will continue to evaluate the specific facts and circumstances of each case before reaching a decision.
Why This Matters
For many individuals, abuse can have lasting effects that continue well beyond the end of a marriage. Someone who has experienced years of financial control, intimidation, or coercive behavior may face challenges rebuilding their career, achieving financial independence, or meeting their daily needs after divorce.
By recognizing these realities, Colorado’s updated law allows courts to take a more comprehensive view when evaluating spousal maintenance.
What Evidence May Be Helpful?
The evidence considered will depend on the unique facts of each case. Documentation may include text messages, emails, financial records, bank statements, protective orders, photographs, witness testimony, or other relevant evidence demonstrating abusive conduct.
An experienced family law attorney can help determine what evidence may be appropriate and how to present it effectively.
How This Law Could Affect Your Divorce
If spousal maintenance may be an issue in your divorce, this change in Colorado law could affect how your case is evaluated. Understanding your rights and preparing the appropriate evidence can make an important difference.
Because every situation is unique, it’s important to seek legal guidance from an attorney who understands Colorado family law and stays current with changes in the law.
The Drake Law Firm Is Here to Help
At The Drake Law Firm, we stay informed about changes in Colorado family law so we can provide our clients with knowledgeable and compassionate legal representation. If you have questions about spousal maintenance or how Colorado’s new law may affect your divorce, our experienced family law attorneys are here to help.
Contact The Drake Law Firm today to schedule a consultation and discuss your options.