Boulder Family Law Blog

In the past, the prenuptial agreement has been connected to society's wealthiest and famous as a tool to protect themselves during a high asset divorce. However, this document is not made for them alone. Whether you make a seven-figure salary or farm a small plot of land, a prenuptial agreement should be included as part of a marriage plan and premarriage counseling.

Besides dividing property, a prenuptial agreement offers many other advantages to make a divorce easier for both parties. One of the protections is for future earnings. While one partner may have few assets at the beginning of a marriage, a huge salary increase or revenue from a newly opened business can alter this situation in a matter of years. A detailed agreement can protect these earnings during a divorce proceeding.

It is not uncommon for Colorado residents in unhappy marriages to stay together out of concern for their children. However, it could be that staying together instead of getting a divorce ends up being worse for children involved. While couples may want positive role models for their children, a couple that is always arguing may end up providing their children with poor role models.

This is not to say that a couple should not attempt to work past their differences if they have children. That said, if a man and woman cannot get past their problems, they could end up creating an uncomfortable environment for their children, especially if they are fighting all the time. Children in this situation may end up believing that all marriages are filled with arguments and misery.

The U.S. Supreme Court's ruling on a California gay marriage ban could seriously impact recently passed Colorado legislation that permits same-sex couples the legal right to form civil unions. The highest court in the land heard arguments on March 25 and 26 from supporters and opponents of Proposition 8 in California that prohibits the marriage of same-sex partners. A Colorado law has banned gay marriage since 2006 even as DOMA stops the federal government from recognizing gay marriage.

The state legislature navigated around the issue by voting in civil unions instead. While they admit that it is not the same as full acceptance of same-sex marriage, it gives same-sex couples some legal protection. However, the Supreme Court could decide that Colorado and eight other states that make a distinction between civil unions and marriage have unfair laws.

No matter how much savings, property holdings, or other financial assets are involved between a separating couple, one important question that should always be addressed is the possibility (or, in some cases, necessity) of alimony and other forms of spousal support.

Alimony has traditionally been included in a divorce settlement when it's clear that one spouse may be at a significant financial disadvantage following the separation. Both here in Colorado and across the nation, such a stipulation has become increasingly rare as income disparity between men and women continues to decrease.

However, alimony may, in some cases, be sought for reasons other than financial security. One celebrity divorce case that has been well-storied in both tabloids and online gossip sites may showcase this very situation. Demi Moore has, according to recent reports, requested spousal support from her estranged husband Ashton Kutcher as a part of the couple's current divorce settlement.