19th Apr 26 11:53 am
JamieRecent statistics released by the Census and other sources suggest that divorce rates are at relatively low levels in Colorado, as of 2026. However, it still makes sense to plan for every eventuality. While couples today may be more likely to stay together compared to those of previous decades, the chances of divorce are still notable. A marital agreement, also known as a postnuptial agreement, can help spouses achieve a sense of confidence about what might happen if they get divorced in the future.
While planning for divorce during marriage might seem somewhat pessimistic, this document has the potential to make life (and marriage) easier in many ways. Couples may decide to speak with Colorado divorce lawyers to learn more about these potential benefits. Colorado Divorce Law Group was founded by Brandi M. Petterson, an attorney with over 14 years of experience in family law. For an expanded conversation on this topic, contact Colorado Divorce Law Group at (720) 593-6442.
A marital agreement can potentially make divorce easier by providing spouses with a set of “instructions” to follow. With this agreement in place, spouses do not need to worry about negotiating or fighting in court to resolve most disputes. These documents may also make divorces faster, allowing spouses to move on with their lives in a relatively streamlined manner. Many spouses create marital agreements to protect their assets, which they may otherwise lose during the normal equitable distribution process in Colorado.
A marital agreement, also known as a postnuptial agreement in Colorado, can provide married couples with clarity and structure regarding financial and legal issues in the event of a divorce.
Colorado Divorce Law Group assists individuals throughout Colorado with family law matters, including the evaluation and drafting of marital agreements within the framework of state law.
The Colorado Bar Association states that a marital agreement involves two spouses who wish to remain married. In other words, this type of agreement is only available to married couples. The agreement has the power to “affirm, modify, or waive” marital rights or obligations. These rights or obligations may involve the marriage itself or a potential divorce at some point in the future.
A marital agreement can outline how a couple wishes to handle a potential divorce in the future. With these instructions in place, there is no need to negotiate over issues like property division and alimony. For example, spouses might use a marital agreement to determine who will keep the family home if a divorce occurs. Spouses might also use a marital agreement to outline specific alimony obligations. In addition, a spouse might use a marital agreement to forfeit their right to alimony, even if they would normally receive it in a potential divorce.
While marital agreements can help spouses achieve numerous goals, they also have certain limitations. Perhaps most notably, a marital agreement cannot control the most important aspects of child support and child custody. Colorado family courts always step in and try to act in the best interests of children during a divorce. Despite the fact that parents may know more about their children than family court judges, courts have the final say on child-related matters.
For this reason, parents cannot use marital agreements to outline custody schedules or make decisions about child support. As a result, it makes sense to keep child-related matters out of marital agreements. That said, it may be possible to use a marital agreement to make certain suggestions about child custody decisions. For example, parents might use this agreement to decide how to cover college tuition for their children.
A marital agreement in Colorado is equivalent to a “postnuptial agreement” in other jurisdictions. Spouses create these agreements after they have entered into a marriage. In contrast, a “premarital” (prenuptial) agreement is a document couples sign before they marry. Both documents can achieve similar goals, although most lawyers contend that premarital agreements are more enforceable in court. After marriage, a premarital agreement is no longer possible. As a result, a marital agreement is the only remaining option after spouses sign their marriage contracts.
Marital agreements can and should benefit both spouses. With a marital agreement in place, spouses can navigate marriage with more certainty about what might happen during a divorce. A spouse might use one of these agreements to protect a business, a precious family heirloom, lucrative investments, and many other assets from the threat of divorce. Both spouses can benefit from the streamlined divorce process made possible by a marital agreement. This streamlined process generally leads to lower legal fees, ensuring greater financial security for both spouses after marriage.
That being said, marital agreements are not necessarily equally beneficial for both spouses. An agreement of this type could favor one spouse over the other, but not to an excessive degree. If the contract is weighted too heavily toward one spouse, a family court in Colorado might decide that it is “unconscionable” and therefore unenforceable. Why would a spouse agree to sign a contract that clearly favors their partner? People may have all kinds of reasons, but usually these spouses get at least something of value in return. Often, spouses receive lump-sum payments in this situation.
The drafting and signing of a marital agreement is always a completely voluntary process. Often, one spouse wants a marital agreement more than the other. The spouse who is most interested in this process usually has more to lose in a potential divorce. As a result, it makes sense to view a marital agreement as a mutually beneficial process. Unless a spouse learns to highlight these mutual benefits, it could be difficult to convince their future spouse to sign this agreement. A family law attorney in Colorado may be able to help spouses learn more about marital agreements as they consider the pros and cons. A family law attorney may also help spouses draft these documents in a way that reflects their unique priorities and goals. Continue this conversation by contacting Colorado Divorce Law Group at (720) 593-6442.
These answers to common FAQs about marital agreements can help couples in Colorado make important decisions.
A marital agreement is a legal contract entered into by spouses after marriage. A marital agreement allows spouses to affirm, modify, or waive certain marital rights or obligations related to property, finances, or a potential divorce.
A marital agreement can provide predetermined guidance on issues such as property division and spousal maintenance. This structure may reduce the need for negotiation or litigation if a divorce occurs.
Marital agreements commonly address asset division, ownership of specific property, and spousal maintenance obligations. Some spouses also use these agreements to waive alimony rights that might otherwise apply under Colorado law.
Yes, marital agreements cannot dictate child custody or child support arrangements. Colorado courts retain authority over these matters to ensure outcomes align with the best interests of the child.
While binding custody or child support terms are not permitted, some agreements may include nonbinding provisions related to future expenses, such as college tuition. Courts are not required to follow these provisions.
A marital agreement is created after marriage, while a premarital agreement is signed before marriage. Both can address similar issues, but a marital agreement is the only option once a couple is already married.
Marital agreements do not need to provide equal benefits, but they cannot be excessively unfair. Agreements that heavily favor one spouse may be considered unconscionable and unenforceable by a Colorado court.
Attorneys at Colorado Divorce Law Group could help individuals understand how marital agreements function under Colorado law and clarify available legal options when considering or drafting these agreements.
