Advisory Maintenance Under C.R.S. 14-10-114 (Updated for Senate Bill 25-116: Abuse & Coercion Factors)
Senate Bill 25-116, effective August 6, 2025
C.R.S. 14-10-114(2)(a)
Recommended Maintenance Type:
Primary Factors:
Advisory Guideline Amount:
Statutory Considerations:
Recommended Duration:
Colorado Guidelines:
Likely Range:
Key Factors:
Affirmed that economic misconduct (concealing income) justifies upward deviation from guideline formula. Court increased maintenance by 25% to account for hidden bonuses.
Colorado Supreme Court held that courts must consider documented coercive control as a separate factor under C.R.S. 14-10-114, paving the way for SB25-116. Victims of non-physical abuse may receive longer maintenance.
New statutory mandate: if a protection order issued within 5 years prior to filing, the abusive payor is presumptively ineligible for maintenance. Recipient may receive enhanced rehabilitative support.
Under C.R.S. 14-10-122, substantial changes include retirement, disability, or cohabitation. New in 2025: Expiration of a protection order may also trigger modification.
Effective August 2025, courts MUST consider domestic violence, coercive control, economic abuse, litigation abuse, and emotional abuse. If the payor has a qualifying protection order entered within the last 5 years, the court cannot award maintenance to that abusive spouse. Victims may receive enhanced awards.
C.R.S. 14-10-114(2)(c)(XII.5); SB25-116
Same formula: (40% of higher income) – (50% of lower income), then multiply by 80% (combined income ≤$10k/mo) or 75% ($10k-$20k/mo). Applies only when combined income ≤$240k/yr and marriage ≥3 years. Judges may deviate for abuse/coercion.
Yes. Under SB25-116, if the payor has a protection order against them in favor of the recipient within 5 years before filing, maintenance to the payor is prohibited. For recipient victims, courts may increase amount/duration.
Cohabitation alone does not automatically terminate maintenance (In re Marriage of Zander). Payor must prove financial interdependence to modify.