Postnuptial (Marital) Agreements in Colorado
Colorado Postnuptial Agreements
Colorado calls a postnup a "marital agreement": an agreement between spouses who intend to remain married that affirms, modifies or waives a marital right or obligation (C.R.S. § 14-2-302(2)). It takes effect when both spouses sign (C.R.S. § 14-2-307). Attorney Charles E. Liken Jr. drafts and reviews postnups personally.
Prenup or postnup: how they compare
Premarital agreement
Signed by people who intend to marry. Takes effect on marriage. Includes amendments signed before the wedding (C.R.S. §§ 14-2-302(5), 14-2-307).
Marital agreement
Signed by spouses who intend to stay married. Takes effect when both sign. Includes amendments to a prenup signed after the wedding (C.R.S. §§ 14-2-302(2), 14-2-307).
Same Colorado rules
Both must be in a record signed by both parties and both face the same enforcement grounds (C.R.S. §§ 14-2-306, 14-2-309).
Different dynamics
Spouses already share finances, so disclosure is often easier, but both spouses' rights already exist, so expect closer scrutiny of fairness and pressure.
When couples choose a postnup
No time before the wedding
You ran out of runway for a prenup. A postnup can put the same terms in place after the wedding.
A new business
One spouse launches or buys into a company and both want clear rules for it.
An inheritance arrives
Decide together how family money will be kept and managed.
A career pause
One spouse steps back from work to raise children; a postnup can address maintenance fairly.
Rebuilding trust
After a hard season, some couples use clear financial terms as part of recommitting.
Updating an old prenup
An amendment signed after marriage is itself a marital agreement and needs both signatures (C.R.S. §§ 14-2-302, 14-2-309(8)).
Postnup questions
Are postnuptial agreements valid in Colorado?
Yes. Colorado expressly recognizes "marital agreements" between spouses who intend to remain married (C.R.S. § 14-2-302(2)). They are enforceable without consideration if in a record signed by both spouses (C.R.S. § 14-2-306).
When does a postnup take effect?
When both spouses sign it (C.R.S. § 14-2-307).
Can we sign a postnup if we are already separating?
The act does not apply to a separation or dissolution agreement signed when a legal separation or divorce is pending or anticipated (C.R.S. § 14-2-303). That is a separation agreement, which is reviewed by the divorce court. Attorney Liken can help with either; see divorce and family law.
Do the same disclosure and lawyer rules apply to postnups?
Yes. The enforcement grounds in C.R.S. § 14-2-309 apply to marital agreements just as they do to premarital agreements.
Talk it through with Attorney Liken
Pick a time and Attorney Liken calls you. Twenty minutes, no charge, no obligation. You will know whether a prenup or postnup fits your situation and what it would take.
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