How Maintenance Waivers in Pre-nups Work in Colorado | Episode 166 episode artwork

EPISODE · Aug 21, 2023 · 3 MIN

How Maintenance Waivers in Pre-nups Work in Colorado | Episode 166

from Divorce at Altitude: A Podcast on Colorado Family Law · host Ryan Kalamaya & Amy Goscha

Are Maintenance Waivers in Prenuptial Agreements Enforceable in Colorado?In this short educational episode of Divorce at Altitude, Ryan Kalamaya explains what happens in a Colorado divorce when a premarital agreement includes a waiver of maintenance. Many couples sign prenuptial agreements before marriage that attempt to eliminate spousal support obligations, but Ryan explains that these waivers are not always automatically enforceable under Colorado law.Ryan highlights an important Colorado case, Newman v. Newman, which established that courts may refuse to enforce a maintenance waiver if doing so would be unconscionable or unfair. Even if both parties voluntarily signed the agreement before marriage, a court can set aside the waiver if enforcing it would leave one spouse in a financially vulnerable position after the divorce.Episode HighlightsPremarital Agreements and Maintenance Waivers Ryan explains that many prenups include clauses where one spouse waives the right to receive maintenance in the event of divorce.The Newman v. Newman Case A key Colorado case established that courts may refuse to enforce maintenance waivers if doing so would be unconscionable or against public policy.Why Courts May Reject a Maintenance Waiver If enforcing the waiver would leave a spouse financially destitute or unable to support themselves, the court may invalidate the provision.Example Using Eric and Melanie Wolf Ryan uses the hypothetical couple to demonstrate how a maintenance waiver could create an unfair outcome in certain circumstances.What Happens If the Waiver Is Unenforceable If a court sets aside the waiver, it will evaluate maintenance using Colorado’s standard factors and formulas.Why Legal Guidance Matters The episode emphasizes that premarital agreements can be complex, and courts will carefully review maintenance provisions to ensure they meet fairness standards under Colorado law.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Are Maintenance Waivers in Prenuptial Agreements Enforceable in Colorado? In this short educational episode of Divorce at Altitude, Ryan Kalamaya explains what happens in a Colorado divorce when a premarital agreement includes a waiver of maintenance. Many couples sign prenuptial agreements before marriage that attempt to eliminate spousal support obligations, but Ryan explains that these waivers are not always automatically enforceable under Colorado law. Ryan highlights an important Colorad...

NOW PLAYING

How Maintenance Waivers in Pre-nups Work in Colorado | Episode 166

0:00 3:28

No transcript for this episode yet

We transcribe on demand. Request one and we'll notify you when it's ready — usually under 10 minutes.

MG Show MG Show The MG Show, hosted by Jeffrey Pedersen and Shannon Townsend, is a leading alternative media platform dedicated to uncovering the truth behind today’s most pressing political issues. Launched in 2019, the show has grown exponentially, offering unfiltered insights, comprehensive research, and real-time analysis. With a commitment to independent journalism and factual integrity, the MG Show empowers its audience with knowledge and encourages active participation in the political discourse. Ask A Spaceman Archives - 365 Days of Astronomy Ask A Spaceman Archives - 365 Days of Astronomy Podcasting Astronomy Every Day of the Year French Your Way Jessica: Native French teacher founder of French Your Way Boost your French listening skills and test your comprehension with this one of a kind series of podcasts. Get the chance to listen to a real conversation between native speakers talking at normal speed AND customise your learning experience through carefully designed sets of questions (2 levels of difficulty) available for download at www.frenchvoicespodcast.com. All interviews also come with the transcript. French teacher Jessica interviews native speakers of French from around the world who share a bit of their life and passion. Where else would you meet in one same place a French yoga teacher based in Melbourne, a soap manufacturer from Provence, or a couple cycling around the world? That Hoarder: Overcome Compulsive Hoarding That Hoarder Hoarding disorder is stigmatised and people who hoard feel vast amounts of shame. This podcast began life as an audio diary, an anonymous outlet for somebody with this weird condition. That Hoarder speaks about her experiences living with compulsive hoarding, she interviews therapists, academics, researchers, children of hoarders, professional organisers and influencers, and she shares insight and tips for others with the problem. Listened to by people who hoard as well as those who love them and those who work with them, Overcome Compulsive Hoarding with That Hoarder aims to shatter the stigma, share the truth and speak openly and honestly to improve lives.

Frequently Asked Questions

How long is this episode of Divorce at Altitude: A Podcast on Colorado Family Law?

This episode is 3 minutes long.

When was this Divorce at Altitude: A Podcast on Colorado Family Law episode published?

This episode was published on August 21, 2023.

What is this episode about?

Are Maintenance Waivers in Prenuptial Agreements Enforceable in Colorado?In this short educational episode of Divorce at Altitude, Ryan Kalamaya explains what happens in a Colorado divorce when a premarital agreement includes a waiver of...

Is there a transcript available for this episode?

Yes, a full transcript is available for this episode. You can read the complete transcript on the episode page.

Can I download this Divorce at Altitude: A Podcast on Colorado Family Law episode?

Yes, you can download this episode by clicking the download button on the episode player, or subscribe to the podcast in your preferred podcast app for automatic downloads.
URL copied to clipboard!