Postnuptial Agreements

Clarify finances. Strengthen your partnership.

Postnuptial Agreements in Colorado

A postnuptial agreement—also known as a marital agreement—is a legal contract entered into by spouses after marriage to define financial rights and responsibilities. Unlike prenuptial agreements, postnups are designed for couples who intend to stay married, but want to clarify how assets, debts, and support will be handled in the event of divorce, separation, or death.

At Ross Law P.C., we help couples create enforceable postnuptial agreements that offer clarity, protection, and peace of mind.

Legal Requirements for a Valid Postnup

To be enforceable in Colorado, a postnuptial agreement must meet the following criteria

• Written and Signed: Oral agreements are not valid.
• Voluntary Consent: Both parties must enter the agreement freely, without coercion or duress.
• Full Financial Disclosure: Each spouse must disclose income, assets, and liabilities.
• Fair and Reasonable Terms: Courts may reject terms deemed unconscionable at the time of enforcement.
• Signed Before Divorce Proceedings Begin: Postnups must be executed while the couple intends to remain married.

What Can a Postnup Cover?

Postnuptial agreements can address a wide range of financial matters 

• Division of Property: Clarifies ownership and management of marital and separate assets.
• Debt Allocation: Assigns responsibility for current and future liabilities.
• Spousal Maintenance: Sets terms for alimony, which must be reasonable and not unconscionable.
• Attorney Fees: Specifies how legal costs will be handled in case of divorce.
• Inheritance Rights: Can waive or modify rights to survivor benefits or estate shares.

Note: Postnups cannot determine child custody or child support obligations.

Benefits of a Postnuptial Agreement

Creating a postnup offers several strategic advantages 

• Financial Protection: Safeguards assets acquired during marriage.
• Debt Management: Shields one spouse from the other's financial liabilities.
• Estate Planning: Ensures children from previous relationships are provided for.
• Marital Stability: Helps resolve financial disputes and rebuild trust.
• Peace of Mind: Offers clarity and reduces uncertainty in case of future separation.

Recent Legal Updates in Colorado Postnup Law

Colorado has refined its approach to postnuptial agreements under the Uniform Premarital and Marital Agreements Act (UPMAA) 

• Duress and Coercion: Agreements signed under pressure may be voided. Courts now scrutinize timing, emotional state, and access to legal counsel.
• Unconscionability Standard: Maintenance and fee waivers must be fair at the time of enforcement.
• Intent to Remain Married: Agreements must be signed with the intention of staying married—not as a precursor to divorce.
• Modifications and Revocations: Must follow the same formalities as the original agreement.

These updates emphasize the importance of thoughtful drafting and legal guidance.

Why Choose Ross Law for Your Postnuptial Agreement

At Ross Law, we understand that postnuptial agreements are deeply personal. Our attorneys offer discreet, customized legal services to help you protect your financial future and strengthen your marriage.

What Sets Us Apart

• Virtual Consultations for convenience and privacy
• Colorado-Based since 2018, with deep local expertise
• Tailored Legal Drafting to fit your unique financial situation
• Award-Winning Service:
• Avvo Client’s Choice since 2013
• AV-Preeminent Peer Rating since 2019
• Super Lawyers recognition (2020–2025)

Let’s Talk About Your Postnup Options

Whether you're navigating new financial circumstances or seeking clarity in your marriage, Ross Law is here to help. We’ll guide you through the legal process and craft an agreement that reflects your values and goals.

Contact Ross Law Today

Schedule a confidential consultation to explore your postnuptial agreement options. We’ll handle your case with the sensitivity it deserves and the skill it demands.