A postmarital agreement — also called a postnuptial agreement or "postnup" — is a legally binding contract entered into by spouses after they are already married. Like a prenuptial agreement, it sets out the parties' rights and responsibilities with respect to property, assets, income, and other financial matters in the event the marriage ends or one spouse dies. What distinguishes it from a prenup is timing: the couple has already married when they enter into the agreement.

There are many reasons why married couples seek postmarital agreements. Sometimes a significant financial event occurs during the marriage — such as receiving a substantial inheritance, launching a new business, receiving a large investment windfall, or one spouse returning to school while the other works. Other couples have experienced a period of marital difficulty and, as part of reconciliation, wish to formalize new financial understandings. Still others may have married without a prenuptial agreement and come to realize that clarifying financial expectations would benefit both parties going forward.

Colorado recognizes postmarital agreements under the same statutory framework as prenuptial agreements. However, there are nuances in how courts evaluate the fairness of these agreements, particularly because the parties are already in a legally recognized relationship and each owes the other fiduciary duties of good faith and candor. Full and accurate financial disclosure by both parties is not merely advisable — it is essential to enforceability. An agreement entered into based on incomplete or misleading financial information risks being invalidated entirely.

Courts also scrutinize whether both spouses entered into the agreement voluntarily. Because married partners may be in positions of unequal bargaining power — financially, emotionally, or otherwise — judges look carefully at the circumstances surrounding execution. An agreement drafted under pressure, during a medical crisis, or without an opportunity for independent review may be challenged and set aside. For this reason, each spouse should ideally have independent legal counsel before signing.

A thoughtfully prepared postmarital agreement can address many of the same subjects as a prenuptial agreement: the characterization of property acquired before and during the marriage, what happens to the marital home and retirement benefits, how income streams will be treated, whether and under what terms maintenance would be paid, and how jointly acquired marital property will be divided upon dissolution. These agreements can provide peace of mind to both parties and, in many cases, actually strengthen the marriage by reducing financial uncertainty and establishing clear expectations.

Our attorneys bring a collaborative, non-adversarial approach to drafting and negotiating postmarital agreements. Whether you are seeking to protect an inheritance, restructure your financial arrangement following a business event, or simply bring greater clarity to your marriage, we are here to help you craft an agreement that reflects your shared values and stands up to legal scrutiny.