Although your marriage or civil union may have taken place years ago, it is not too late to outline the financial terms and arrangements between you and your spouse.
Postnuptial agreement, the validity of which is recognized in Colorado, are often essentially prenuptial agreements made after the marriage takes place. Postnuptial agreements are gaining increasing interest. These agreements assist spouses in defining financial arrangements which may have changed during the course of the marriage. Sometimes, couples may be attempting to outline the terms of a divorce which may be approaching, while other times couples in very solid and happy marriage wish to make financial arrangements based on current circumstances. Often, agreements are predicated on one or more spouses wanting financial certainty and independence. These are generally agreements that attempt to affect rights in a future divorce or legal separation, and common provisions include limiting or waiving spousal maintenance (alimony), the division of marital property, which includes property obtained before and after the marriage and provisions regarding inheritance.
A postnuptial agreement is enforceable under Colorado law and should not be entered into lightly. It is usually a good idea for both spouses to have Colorado attorneys and often the input of a financial advisor or accountant is very helpful. A postnuptial agreement, however, may be difficult to invalidate so it is wise for couples to make sure that they are committed to the agreement that they have entered into.