05/14/2026
YOU, yes YOU, need a PreNup!
A few years ago, a successful professional entered a second marriage believing his assets were protected because they were “his” before the marriage. He did not look into drafting a PreNup...
Then life changed quickly.
During the marriage, his company went through a major IPO. His retirement accounts increased substantially. His RSUs skyrocketed in value.
Just 2.5 years later, the marriage ended in divorce. My client's retirement increased by $300k. His stock options went from $200k to $1.2m. In less than 3 years. Colorado law considers all of that increase in property as MARITAL.
What shocked him most was learning that in Colorado, increases in separate property during a marriage are not always automatically protected. His spouse sought a significant portion of the growth that occurred during the marriage — including retirement increases and stock-related compensation.
The litigation became expensive and stressful very quickly.
He ultimately spent approximately $39,000 in legal fees fighting to protect assets he believed were already secure.
After a two-day hearing, I successfully convinced the court that his spouse should receive none of the increase in his retirement accounts and none of the appreciation in his RSUs.
But even with that successful outcome, the process was emotionally draining, financially costly, and avoidable. And my client still had to give up $200k of "his" monies to his soon to be exWife.
A PreNup would have cost $5k? $7,500?
Prenups are not about expecting failure.
For many people — especially those entering a second marriage, owning a business, receiving stock compensation, or bringing significant assets into a marriage — they are about clarity, protection, and reducing future conflict.
Sometimes the most important financial decisions are the ones people hope they will never need.
Not legal advice. Every family and financial situation is unique.
