Chapter 36 - CHAPTER 36 MARITAL AGREEMENTS

• Jurisdiction: Colorado

Chapter 36 MARITAL AGREEMENTS

Barbara Tocker Ross, Esq.^*

SYNOPSIS

§ 36.1 INTRODUCTION TO MARITAL AGREEMENTS

§ 36.1.1—Historical Overview
§ 36.1.2—Development of Uniform Laws and State Statutes Relating to Marital Agreements
§ 36.1.3—Definitions
§ 36.1.4—Purposes of Marital Agreements

§ 36.2 REQUIREMENTS FOR AN ENFORCEABLE MARITAL AGREEMENT IN COLORADO

§ 36.2.1—Statutory Requirements for an Enforceable Marital Agreement in Colorado — UPMAA (on or After July 1, 2014)
§ 36.2.2—Statutory Requirements for an Enforceable Marital Agreement in Colorado — CMAA (on or After July 1, 1986, and Prior to July 1, 2014)
§ 36.2.3—Basic Provisions of the UPAA

§ 36.3 DRAFTING CONSIDERATIONS FOR DIVORCE

§ 36.3.1—Spouse's or Civil Union Partner's Property Rights Without a Marital Agreement
§ 36.3.2—Modification of Rights Under a Marital Agreement

§ 36.4 DRAFTING CONSIDERATIONS FOR RIGHTS OF SPOUSES AT DEATH

§ 36.4.1—Waiver of Rights of a Surviving Spouse — CMAA (Prior to July 1, 2014)
§ 36.4.2—General Waivers of Statutory Rights — UPMAA (On or After July 1, 2014)
§ 36.4.3—Community Property Rights
§ 36.4.4—Rights in Retirement Plans
§ 36.4.5—Provisions Granting Certain Rights
§ 36.4.6—Estate Planning
§ 36.4.7—Provisions for Breach of Agreement
§ 36.4.8—Other Provisions

§ 36.5 TAX CONSIDERATIONS

§ 36.5.1—Taxes During Marriage
§ 36.5.2—Tax on Transfers Related to a Divorce
§ 36.5.3—Death of One Spouse During the Marriage

§ 36.6 PRACTICAL SUGGESTIONS

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Notes:

^[*] Some of these materials reflect the work of other Colorado attorneys who practice in this area, including Susan L. Boothby, Constance D. Smith, Jane Caddell Paddison, Marc A. Chorney, Stephanie Tuthill, Judith D. Judd, Rebecca C. Alexander, Daniela Ronchetti, and Kim Willoughby. Susan L. Boothby, co-author, Colorado Estate Planning Handbook, ...