(1) The following marriages are prohibited:
(a) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties, except a currently valid marriage between the parties; (a.5) A marriage entered into prior to the dissolution of an earlier civil union of one of the parties, except a currently valid civil union between the same two parties;
(b) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;
(c) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures.
(2) Repealed.
Source: L. 73: R&RE, p. 1019, § 1. C.R.S. 1963: § 90-1-10. L. 78: (1)(b) amended, p. 262, § 47, effective May 23. L. 93: (1)(a) amended, p. 438, § 4, effective July 1. L. 2016: (1)(a.5) added, (SB 16-150), ch. 263, p. 1080, § 3, effective June 8. L. 2018: (2) repealed, (SB 18-095), ch. 96, p. 753, § 5, effective August 8.
Cross references: (1) For criminal penalties for the offense of bigamy, see § 18-6-201; for criminal penalties for the offense of incest, see § 18-6-301.
(2) For the legislative declaration in SB 16-150, see section 1 of chapter 263, Session Laws of Colorado 2016. For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.
Notes of Decisions
Parental Responsibilities Concerning D.P.G, 2020 COA 115 (Colo. Ct. App. 2020).
· cites it 17× “He explained that the right to claim putative spouse status under section 14-2-111 must be read in conjunction with section 14-2-110, C.R.S. 2019, which prohibits certain marriages, including (1) a marriage or civil union entered into before the dissolution of an earlier…”
In re Marriage of Hogsett & Neale, 2021 CO 1 (Colo. 2021).
· cites it 5× “(2020), and marriages that involve one party who is in another valid marriage or civil union; marriages between a descendant and ancestor; marriages between siblings; and marriages between an uncle or aunt and their niece or nephew, § 14-2-110, C.R.S. (2020). Beyond these…”
In re the Marriage of Edi L. HOGSETT v. Marcia E. NEALE, 478 P.3d 713 (Colo. 2021).
· cites it 4× “( 2020 ) , and marriages that involve one party who is in another valid marriage or civil union; marriages between a descendant and ancestor; marriages between siblings; and marriages between an uncle or aunt and their niece or nephew, § 14-2-110, C.R.S. ( 2020 ) . Beyond these…”
Israel v. Allen, 577 P.2d 762 (Colo. 1978).
· cites it 11× “Thus, the court held that that part of section 14-2-110(1) (b) which prohibited the marriage of a brother and sister by adoption was unconstitutional as a denial of equal protection and, therefore, severed from the statute the words “or by adoption.”
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
· cites it 4× “(2010) (establishing requirement for obtaining a marriage license); § 14-2-110(1)(a), C.R.S. (2010) (prohibiting marriages entered into prior to the dissolution of an earner marriage).”
In Re Marriage of JMH & Rouse, 143 P.3d 1116 (Colo. Ct. App. 2006).
· cites it 2× “2005 (judicial approval); § 14-2-110, C.R.S.2005 (prohibited marriages).”
Williams v. Fireman's Fund Ins. Co., 670 P.2d 453 (Colo. Ct. App. 1983).
· cites it 2× “While it is true that a marriage entered into prior to the dissolution of a previous marriage is prohibited in Colorado, § 14-2-110, C.R.S.1973, an innocent party to such a marriage is not deprived of the rights conferred upon a legal spouse.”
Combs v. Tibbitts, 148 P.3d 430 (Colo. Ct. App. 2006).
“A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance, whether or not the marriage is prohibited under § 14-2-110, declared invalid, or otherwise terminated by court action.”
Est. of Petri (Colo. Ct. App. 2025).
· cites it 4× “Section 14-2-110(1)(a), C.R.S. 2024, prohibits, in 4 pertinent part, “[a] marriage entered into prior to the dissolution of an earlier marriage of one of the parties.”
Nguyen v. Holder, 21 N.E.3d 1023 (NY 2014).
“021 (2); Colo Rev Stat Ann § 14-2-110 (1) (c); 750 111 Comp Stat Ann 5/212 (a) (3); Ky Rev Stat Ann § 530.”
— Colo. Rev. Stat. § 14-2-110(1) — 1 case
Israel v. Allen, 577 P.2d 762 (Colo. 1978).
“Thus, the court held that that part of section 14-2-110(1) (b) which prohibited the marriage of a brother and sister by adoption was unconstitutional as a denial of equal protection and, therefore, severed from the statute the words “or by adoption.”
— Colo. Rev. Stat. § 14-2-110(1)(a) — 3 cases
Parental Responsibilities Concerning D.P.G, 2020 COA 115 (Colo. Ct. App. 2020).
“He explained that the right to claim putative spouse status under section 14-2-111 must be read in conjunction with section 14-2-110, C.R.S. 2019, which prohibits certain marriages, including (1) a marriage or civil union entered into before the dissolution of an earlier…”
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
“(2010) (establishing requirement for obtaining a marriage license); § 14-2-110(1)(a), C.R.S. (2010) (prohibiting marriages entered into prior to the dissolution of an earner marriage).”
Est. of Petri (Colo. Ct. App. 2025).
“Section 14-2-110(1)(a), C.R.S. 2024, prohibits, in 4 pertinent part, “[a] marriage entered into prior to the dissolution of an earlier marriage of one of the parties.”
— Colo. Rev. Stat. § 14-2-110(1)(b) — 1 case
Israel v. Allen, 577 P.2d 762 (Colo. 1978).
“Thus, the court held that that part of section 14-2-110(1) (b) which prohibited the marriage of a brother and sister by adoption was unconstitutional as a denial of equal protection and, therefore, severed from the statute the words “or by adoption.”
— Colo. Rev. Stat. § 14-2-110(l)(b) — 1 case
Israel v. Allen, 577 P.2d 762 (Colo. 1978).
“Thus, the court held that that part of section 14-2-110(1) (b) which prohibited the marriage of a brother and sister by adoption was unconstitutional as a denial of equal protection and, therefore, severed from the statute the words “or by adoption.”
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