Marital & Cohabitation Agreements Denver
Meurer & Potter Law Office, Denver, Colorado
Marriage and long-term partnership are acts of trust. They are also, from a legal standpoint, financial events that change how your assets, debts, income, and estate plan operate. A prenuptial agreement, a postnuptial agreement, or a cohabitation agreement is not a plan for divorce—it is a plan for clarity. It defines who owns what, how shared expenses and debts are handled, and how your assets are protected for yourself, your spouse or partner, and your children.
At Meurer & Potter, P.C., we draft marital and cohabitation agreements as estate-planning and asset-protection tools. Our Denver attorneys approach these agreements from the perspective of preserving wealth, protecting family inheritances, coordinating with trusts and business structures, and ensuring your broader estate plan works seamlessly with your marital or partnership arrangements. We’ve been helping Colorado families protect their assets since 1991.
Call 303-991-3544 for a free, confidential consultation about a prenuptial, postnuptial, or cohabitation agreement.
Prenuptial Agreements in Colorado
A prenuptial agreement is a written contract signed before marriage that defines how assets, debts, income, and financial responsibilities will be handled during the marriage and in the event of divorce or death. Colorado’s Uniform Premarital and Marital Agreements Act (UPMAA), enacted in 2014 under C.R.S. § 14-2-301 et seq., governs the enforceability of these agreements.
We draft prenuptial agreements for clients who bring significant pre-marital assets into the marriage and want to preserve them as separate property, own a business or professional practice and need to protect it from marital property claims, are entering a second or subsequent marriage and want to protect inheritances for children from a prior relationship, have established trusts, LLCs, or other asset protection structures that need to be coordinated with the marital agreement, or want to define spousal support expectations in advance rather than leaving them to a court’s discretion.
For a prenuptial agreement to be enforceable in Colorado, it must be in writing and signed by both parties, entered into voluntarily by both parties, based on fair and reasonable financial disclosure from both sides, and conscionable—meaning it cannot be so one-sided that a court would find it fundamentally unfair. Both parties should have the opportunity to consult with independent legal counsel before signing. We strongly recommend that each party have its own attorney review the agreement.
Postnuptial Agreements
A postnuptial agreement serves the same purpose as a prenuptial agreement but is executed after the marriage has already taken place. Colorado recognizes postnuptial agreements under the same UPMAA framework, and they must meet the same enforceability requirements, voluntary execution, financial disclosure, and conscionability.
Postnuptial agreements are useful when circumstances change after marriage. Common situations include one spouse starting a business or receiving a significant promotion that changes the family’s financial profile, one spouse receiving an inheritance that they want to maintain as separate property, the couple deciding to restructure their financial arrangements after a period of marriage, a reconciliation after a separation where both parties want clear financial terms going forward, or changes in estate planning goals—such as establishing trusts for children from a prior relationship—that require coordination with marital property classifications.
From an estate planning perspective, postnuptial agreements are particularly powerful when combined with irrevocable trusts, SLATs, and business entity structuring. A postnuptial agreement can clarify which assets are being transferred into trust, waive spousal claims to trust assets, and ensure the trust’s asset protection benefits are not undermined by marital property laws.
Need a postnuptial agreement? Call 303-991-3544. We’ll help you coordinate it with your estate plan.
Cohabitation Agreements for Unmarried Couples
Colorado is one of a small number of states that still recognize common law marriage. This means that unmarried couples who live together, share finances, and present themselves as a married couple may be deemed legally married by a court, even without a ceremony or marriage license. The consequences of an unintended common law marriage finding can be significant: property division, spousal support obligations, and estate claims that neither party anticipated.
A cohabitation agreement is a contract between unmarried partners that defines property ownership, financial responsibilities, and separation terms. It establishes clear expectations about how assets and debts are handled during the relationship, who owns what if the relationship ends, whether either party has a support obligation after separation, how jointly purchased property (real estate, vehicles, furnishings) is divided, and how expenses, income, and bank accounts are managed during cohabitation.
From an estate planning perspective, cohabitation agreements also serve as coordination tools. Unmarried partners do not automatically inherit from each other under Colorado’s intestacy laws; if your partner dies without a will naming you, you receive nothing. A cohabitation agreement, combined with a properly drafted estate plan, ensures both partners are protected during life and at death.
Colorado also offers Designated Beneficiary Agreements, which allow two unmarried adults to grant each other specific legal rights, including hospital visitation, medical decision-making, and the right to dispose of remains, that would otherwise require a marriage or domestic partnership. We can draft these in coordination with your cohabitation agreement and estate plan.
How Marital Agreements Coordinate With Your Estate Plan
Most family law firms draft prenuptial and postnuptial agreements in isolation from estate planning. We don’t. Every marital agreement we draft is reviewed against your existing or planned estate planning documents to ensure there are no conflicts between the agreement and your will or trust, that assets you intend to transfer into trust are properly classified as separate property in the marital agreement, that business interests protected by the agreement are consistently structured in your LLC operating agreements and succession plans, that beneficiary designations on retirement accounts and life insurance align with both the marital agreement and your estate plan, and that any special needs planning or Medicaid planning considerations are accounted for in the agreement’s terms.
This integrated approach is what sets Meurer & Potter apart from family law firms that treat marital agreements as standalone documents. We make sure every piece of your legal and financial plan works together.
Ready to protect your assets and your relationship? Call 303-991-3544 for a free consultation.
Frequently Asked Questions About Marital & Cohabitation Agreements
Insights to help you make informed decisions about protecting your estate as you enter matrimony or a cohabitation situation.
Our FAQs offer practical guidance on marital and cohabitation agreements. They are written to help you stay informed, not overwhelmed.
Yes, if it meets the requirements of Colorado’s Uniform Premarital and Marital Agreements Act. The agreement must be in writing, signed voluntarily by both parties, based on fair financial disclosure, and not unconscionably one-sided. Both parties should have the opportunity to consult independent attorneys before signing.
Yes. Colorado recognizes postnuptial agreements under the same legal framework as prenuptial agreements. They are useful when financial circumstances change after marriage, such as starting a business, receiving an inheritance, or restructuring your estate plan.
A cohabitation agreement is a contract between unmarried partners that defines property ownership, financial responsibilities, and what happens if the relationship ends. It is particularly important in Colorado because the state recognizes common law marriage, which can create unintended legal obligations for cohabiting couples.
A prenup is not just about protecting existing wealth. It can define how future income and assets are classified, establish expectations for financial management during the marriage, and protect one partner from absorbing the other’s pre-existing debts. It is a planning tool, not just a protection tool.
Yes. A prenup can be challenged on grounds of involuntary execution (duress), inadequate financial disclosure, unconscionability, or procedural defects. Agreements presented at the last minute before a wedding, signed without independent counsel, or based on incomplete asset disclosure are most vulnerable to challenge.
A prenuptial agreement can waive or modify a surviving spouse’s statutory rights under Colorado law, including the elective share of the deceased spouse’s estate. This makes it essential that your prenup and your estate plan are coordinated—a prenup that contradicts your will or trust creates legal ambiguity that can lead to costly litigation.
A Designated Beneficiary Agreement allows two unmarried adults to grant each other specific legal rights, including hospital visitation, medical decision-making, and the right to direct disposition of remains. It provides some of the legal protections of marriage for couples who choose not to marry.
Costs depend on the complexity of each party’s financial situation and the scope of the agreement. Simple agreements may cost a few thousand dollars. Complex agreements involving business interests, trusts, and multi-state assets will cost more. We discuss all fees during your free initial consultation.