If you’re engaged and starting to think about a prenup, you’re not alone—and you’re not unromantic. More and more couples in Colorado are choosing to have honest, practical conversations about finances and future planning before walking down the aisle. A prenuptial agreement (or “prenup”) can be a valuable tool in that conversation.

But what does a prenup actually cover? And what can’t it do?

Here’s a plain-English breakdown to help you understand what a Colorado prenup can—and can’t—include, and how it might fit into your marriage plans.

A Quick Refresher: What Is a Prenup?
A prenup is a legal agreement made before marriage that outlines how certain issues, especially related to money and property, will be handled if the marriage ends in divorce or death. Think of it as a customized plan that helps both partners start married life with clarity.

What Can a Colorado Prenup Cover?

In Colorado, prenups are governed by the Colorado Uniform Premarital and Marital Agreements Act. Under that law, couples can agree in advance on a wide range of financial and property matters.

Common topics include:

1. Division of Property
One of the most common uses of a prenup is to define what property is considered “separate” (belonging to one spouse) and what might be “marital” (shared). For example:

• Protecting a home that one person bought before marriage
• Keeping inherited family assets separate
• Clarifying ownership of a business

2. Spousal Support (a.k.a. Maintenance/Alimony)
A prenup can include whether one spouse will (or won’t) receive spousal maintenance if the marriage ends. However, for this provision to be enforceable, both parties must fully understand the terms, and it must be fair at the time it’s enforced—not just when it’s signed.

3. Debt Protection
You can use a prenup to clarify that any debts brought into the marriage will remain that person’s responsibility. This can protect both spouses from becoming entangled in each other’s loans or credit obligations.

4. Management of Property During the Marriage
A prenup can also address how assets will be managed during the marriage. For example, whether income will be kept separate or joint, or how you’ll handle large purchases or shared accounts.

5. Estate Planning Coordination
While a prenup doesn’t replace a will or trust, it can lay the groundwork for how property should be distributed if one spouse passes away. This is especially helpful in second marriages or blended families where each spouse may want to provide for children from a prior relationship.

What Can’t a Prenup Do in Colorado?

While prenups are flexible, there are some things they can’t legally control:

1. Child Custody or Support
Prenups cannot dictate who gets custody or how much child support would be paid in the event of divorce. Colorado courts always base those decisions on the child’s best interests at the time—not what was agreed to in advance.

2. Waiving Full Disclosure
Both parties must fully disclose their financial situations before signing. If one person hides assets or income, the agreement could be challenged later.

3. Anything Unfair or Against Public Policy
If a prenup is grossly unfair, was signed under pressure, or tries to include provisions that are legally inappropriate (like “you must lose weight” or “if you cheat, I get everything”), a court may throw it out.

Why People Choose a Prenup

Here’s the thing: a prenup isn’t about expecting the worst—it’s about being clear and respectful from the beginning. Many couples choose a prenup to:

• Create agreed-upon expectations around the finances of their partnership
• Establish trust around money and roles
• Protect family wealth or a business
• Bring clarity to second marriages or blended families
• Keep finances separate in a low-conflict, thoughtful way
• Avoid future legal battles if the marriage ends

The Bottom Line

A Colorado prenup can be a powerful tool to protect what matters most to you—when it’s done thoughtfully and fairly. It gives both partners peace of mind, clarity, and a strong foundation on which to build.

At Lester Law, we focus on flat-fee, values-based prenups that support your relationship while protecting your future. If you’re considering a prenup and want to understand what’s possible (and what makes sense for your situation), we’re here to help.

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This website includes information about legal issues. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on your specific legal problems.