Picture this: you’re strolling through a Colorado farmers market, the sun is shining, craft cheese samples are flowing, and somewhere between the heirloom tomatoes and goat cheese, an important thought strikes. Hey… do I need a prenup? If you’ve ever had that little buzz of uncertainty, you’re not alone. Plenty of couples in Colorado sign a prenup before getting married. But, what exactly is a prenup? And, why do people get prenups in Colorado? Keep reading to get the answers to your questions and to learn more about prenups.
What exactly is a prenup?
A prenuptial agreement in Colorado, often called a “prenup” for short, is a written contract that two people sign before getting married to decide in advance how finances, property, and debts will be handled during the marriage and in the event of divorce or death. Under Colorado law, prenups are governed by the Uniform Premarital and Marital Agreements Act (UPMAA), which sets clear guidelines to ensure that agreements are fair, voluntary, and fully informed. A well-crafted prenup can outline what’s considered separate property versus marital property, determine whether either spouse would receive alimony, and even protect inheritances or business interests. It’s not about planning for failure. It’s about planning with clarity and intention, so both partners know where they stand and can build a life together with trust and transparency.
Who gets prenups in Colorado?
Prenuptial agreements aren’t just for Hollywood elites or trust-fund babies. In fact, Colorado couples from all walks of life are adopting prenups as a kind of financial GPS or a roadmap for how things get handled if marriage takes a turn. These agreements are a smart way to replace legal guesswork with your own rules. In a Colorado divorce, courts distribute marital property under the principle of equitable distribution, meaning courts divide property “justly” based on factors like who contributed what to the marriage and economic situations of the parties at the time of the divorce. This means your share of the pie could be 50‑50, 60‑40 or even something else entirely unless you spell it out beforehand in a prenup.
What can my prenup protect?
Maybe you’ve got investment accounts, a business you built, or that sweet little condo you bought before meeting your partner. A prenup can explicitly say, “This stays mine,” even if its value grows during marriage. According to HelloPrenup, about 75% of couples choose to keep premarital assets separate, including appreciation, instead of defaulting to state law. That’s not mistrust, that’s just practical foresight and planning. And if grandma’s antique jewelry or the family cabin holds sentimental and financial value, a prenup is the best way to make sure it stays in the family, not split in divorce. Colorado law lets you use a prenuptial agreement to customize how inheritance and premarital property are handled.
Can a prenup protect my business?
Family businesses are cornerstones of our communities, but in divorce, they can get messy fast. Colorado prenups allow you to specifically safeguard a startup or small business from being entangled in equitable distribution. That doesn’t mean your spouse won’t benefit if they support the business indirectly through caregiving, financial contributions, or networking. But a prenup could at least define the terms of how a business will be divided. No surprises, no valuation battles, less stress for everyone.
A prenup can save you money in legal fees
Divorce can be deeply emotional and deeply expensive, especially when you’re still disputing basic questions like, “Who gets the 401(k)?” Prenups let you resolve these issues ahead of time, so if divorce happens, you can bypass most of the drama and lengthy negotiations. Divorces can drag on for months or years, and you can imagine the legal fees associated with the process. Having a prenup in place will allow you and your partner to avoid contentious divorce proceedings, and will enable you both to save time, money, and emotional energy. Plus, going into marriage with a prenup often means you’ve already talked about finances. That open communication builds trust and a foundation of financial honesty.
Prenups can protect children from a prior relationship
If you’re walking down the aisle with children from a past relationship, a prenup can help you protect their inheritance. By clearly stating in your prenup that specific assets remain separate or by including language that states your intentions regarding the treatment of property during a divorce or death, you can ensure that your kids get what you intend for them. A prenup is an important tool to use if the default state laws would distribute your property in a way that goes against your wishes. To further ensure that property is distributed in the way you want, consider drafting additional estate planning documents such as a will or trust that can outline who gets what if you were to die.
Prenups can protect against debt obligations
Is your fiancé carrying a mountain of student loans, or are you paying off credit card debt from your pre-marriage days? A prenup can clearly state who’s responsible for what debt, and prevent old debts from becoming joint debts if divorce occurs. In your agreement, you and your partner can define which debts are separate and which debts are part of the marital estate. With clear expectations and responsibilities, everyone’s credit stays safer, and you can both breathe easier.
Prenups can predetermine alimony and spousal support
Colorado law lets you negotiate spousal support in your prenup as long as the terms are not unconscionable at the time of enforcement. The Colorado Supreme Court applied this rule in the 2007 case of In re Marriage of Ikeler. The court found the prenup in that situation to be valid, and emphasized that for an agreement to be unconscionable, it must have been so unfair at the time of signing that it would be unreasonable to enforce it upon divorce (In re Marriage of Ikeler, 2007)).
As long as your prenup is not extremely one-sided and the circumstances surrounding the signing are not unconscionable, you can modify, define, or waive spousal support, rather than leave it entirely to a judge’s discretion. This takes the guesswork, and potential bitterness, out of future financial discussions. With the topic of spousal support figured out before marriage, you can reduce the number of surprises that pop up during a divorce. Life is full of plenty of surprises, it can be nice to avoid the most expensive ones!
Colorado’s requirements for a valid prenup
Before slipping that prenup into your wedding folder, let’s circle back to something important: prenups aren’t bulletproof. Under the Uniform Premarital and Marital Agreements Act (UPMAA), Colorado requires:
- Written agreement signed voluntarily
- Full, fair disclosure of assets and debts
- No unconscionable terms (i.e. severely unfair)
- Both parties had a reasonable amount of time to consult an attorney
And although Colorado law doesn’t specifically require you and your fiancé to hire independent legal counsel, it’s highly recommended. Drafting the legal language in a prenuptial agreement and abiding by state laws and procedures can be a complex undertaking. An attorney experienced in drafting prenups could help ensure your goals are met while keeping the agreement in line with Colorado laws. If you and your partner choose to forgo independent legal counsel, you should both sign a waiver stating that you understand your right to have an attorney but are choosing not to hire one (C.R.S. §14-2-309). If the above requirements are not met, a court could possibly strike the entire agreement.
Prenups help you & your partner have honest financial talks
Prenups often prompt important conversations about financial values early on. Do you track every penny? Prefer keeping separate accounts? Expect to share everything? These conversations are gold! Whether you end up with a prenup or not . Negotiating with mutual respect sets up a healthier, more communicative marriage.
The Bottom Line?
A prenup in Colorado isn’t a romance killer, it’s a conversation starter. And it’s not just for the wealthy. Even couples with modest means benefit from clarity on asset division, child protection, debt, and future support. Whether you’re working professionals, parents of prior kids, or business owners, a prenup lets you decide how life’s financial surprises are handled. Navigating this stuff isn’t always fun, but it’s better when it’s planned.
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This article is a service of Kendra Strong-Tehrani at Strong Law. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us to schedule your Life & Legacy Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.
