Colorado is Quietly Changing Its Bigamy Law—Here's What That Actually Means

What This Bill Actually Does

Under current Colorado law, bigamy isn't just secretly marrying two people at the courthouse. According to CRS 18-6-201, a married person (or someone in a civil union) commits a Class 2 misdemeanor if they live with another person "under the representation of being married." In legal speak, that's called cohabitation. This means that if you are separated from your spouse but legally still married, and you move in with a new partner while holding yourselves out as a couple, you are technically committing a crime.

SB26-013 takes a red pen to this statute. It completely strips the words "cohabits" and "cohabitation" from the state's bigamy laws. Furthermore, it repeals Section 18-6-203, which is the specific part of the code that defines cohabitation as living together under the representation of being married. By making these changes, the bill narrows the legal definition of bigamy down to its traditional, core meaning: fraudulently holding multiple legally recognized marriage licenses or civil unions at the exact same time.

The problem this solves is primarily one of legal modernization. Our current laws were written in an era with different social expectations. Today, divorce proceedings can drag on for months or even years. Many separated individuals naturally move on and establish households with new partners before a judge formally signs the final divorce decree. Under the old law, a vindictive ex could theoretically accuse their estranged spouse of a misdemeanor just for moving in with someone new. This bill removes that specific legal threat, ensuring the criminal justice system stays out of messy breakups and non-traditional living arrangements.

What It Means for You

For the vast majority of Coloradans, this bill is about peace of mind. If you are currently navigating a complicated, drawn-out divorce and have already moved in with a new partner, you've technically been living in a legal gray area. Because bigamy is a Class 2 misdemeanor, carrying potential fines and jail time, this law was a lingering liability. By removing cohabitation from the criminal code, the state is making it clear that your living arrangements during a separation are not a criminal matter.

This also has significant implications for Colorado's ethically non-monogamous and polyamorous communities. Until now, living with multiple partners and referring to them in ways that could be construed as "representing yourselves as married" opened the door to technical criminal charges. SB26-013 officially decriminalizes this type of cohabitation, bringing state law more in line with modern household structures. However, let's be perfectly clear about what this does not do: it does not legalize multiple simultaneous marriages. If you try to file a second marriage certificate at the county clerk's office while still legally married to your first spouse, you are still committing a crime.

Here is what you should consider doing if this impacts your household:

• Review your custody agreements: If you were holding off on moving in with a new partner because a hostile ex-spouse threatened to use the cohabitation law against you in family court, this changes the playing field. Consult your family law attorney.
• Weigh in before the final vote: The bill is currently sitting in the House Judiciary Committee. If this modernization matters to you—or if you strongly oppose it—call or email the committee members this week before they schedule their vote.

What It Means for Your Business

You might be wondering why a business owner should care about a bigamy law. If you run a family law practice, a divorce mediation firm, or an estate planning agency, this bill directly changes the tactical landscape for your clients. Historically, the threat of a bigamy charge—however unlikely to be prosecuted—has sometimes been weaponized in high-conflict divorces or contentious custody battles. Private investigators are occasionally hired to document "cohabitation" to gain leverage in settlements. Once SB26-013 passes, that specific legal leverage evaporates. Your attorneys will need to update their advisements to clients currently undergoing long-term separations.

For those in real estate, property management, and corporate HR, this is a signal to review your internal paperwork. Property managers frequently use boilerplate lease agreements that include outdated "morality clauses" prohibiting tenants from using the property for illegal acts, which technically included cohabitation under the old bigamy statute. Similarly, HR departments managing domestic partner benefits should note that the state is relaxing its legal scrutiny on non-traditional households. When the state removes legal stigmas around cohabitation, corporate policies usually follow suit.

Here are your immediate action items for this week:

• Audit your boilerplate documents: If you manage rental properties or draft leases, review your standard agreements. Remove any archaic language that references cohabitation or attempts to enforce marital status on leaseholders.
• Brief your legal team: If you are in the family law or private investigation sector, hold a brief staff meeting to ensure everyone understands that documenting cohabitation will no longer imply criminal bigamy as of August 2026.

Follow the Money

When it comes to the state budget, this bill is practically invisible. According to the official Legislative Council Staff Fiscal Note drafted by Clayton Mayfield, the state anticipates a grand total of $0 in new revenue and $0 in new expenditures for both FY 2026-27 and beyond. There is absolutely no impact on your taxes, no required appropriations, and no change to TABOR refunds.

Why is the fiscal impact nonexistent? Because district attorneys almost never enforce the current law anyway. The state's comparable crime analysis revealed that between FY 2022-23 and FY 2024-25, exactly one person in the entire state of Colorado was sentenced and convicted for this specific offense. Since the baseline rate of prosecution is functionally zero, removing the crime from the books won't result in any meaningful savings for the courts, public defenders, or county jails. It is essentially a paperwork cleanup that costs taxpayers nothing.

Where This Bill Stands

This legislation is on the fast track and moving with virtually zero friction. Introduced in the Senate on January 14, 2026, by Sen. Nick Hinrichsen and Sen. Janice Marchman, it breezed through the Senate Judiciary Committee unamended. By February 11, 2026, the full Senate passed it on the third reading without a single amendment.

As of February 12, 2026, the bill has crossed over to the House, sponsored by Rep. Yara Zokaie, and is currently assigned to the House Judiciary Committee. Given its smooth, unamended passage in the Senate and its zero-dollar fiscal note, its trajectory toward the Governor's desk looks highly favorable. Barring any unexpected political hurdles or citizen referendum petitions, the law is slated to take effect at 12:01 a.m. on August 12, 2026 (which is 90 days after the projected end of the legislative session). If you want to testify or submit written comments, you need to contact the House Judiciary Committee immediately before they schedule their hearing.