In Colorado, a surviving spouse has a legal right to a portion of a deceased spouse’s estate unless the spouses have a written agreement that changes those rights. Marital agreements (prenuptial before the marriage or postnuptial after the marriage) are written contracts that specify what will happen to assets if a spouse dies or in the event of a divorce or legal separation.
They are common for individuals who have been previously married or who have inherited (or may inherit) significant wealth from their families. Marital agreements can help guarantee that a separate inheritance remains in a particular family line, free from the claims of a surviving spouse. Especially in the case of prenuptial agreements, it’s important not to wait until the last minute to begin the process of creating the appropriate document.