Newman v. Newman

Colorado Supreme Court established a two-track rule that still controls: property waivers in a prenup are durable, but spousal-support waivers can be reviewed for unconscionability at divorce.

Why this case matters

Newman shaped Colorado prenup law for decades and continues to influence interpretation under the modern UPMAA. The case is the clearest example of a state distinguishing between property and support — a distinction that matters for drafting strategy and for managing client expectations about what a Colorado prenup can lock in.

The facts

The Newmans signed an antenuptial agreement the day before their 1975 wedding. At divorce in 1977, the wife sought to invalidate the entire prenup on unconscionability grounds, citing dramatic changes in the parties' circumstances during the brief marriage.

The holding

The Colorado Supreme Court created a two-track rule. Property provisions in a prenup are reviewed only for non-disclosure, fraud, or overreaching at the time of signing — they cannot be set aside for unconscionability that arose during marriage. But maintenance (spousal support) provisions ARE reviewable for unconscionability based on circumstances at the time of dissolution. The court reasoned that property waivers reflect a one-time bargain at the marriage threshold, while support reflects an ongoing duty that the state has a continuing interest in.

What it means for you

• Colorado treats property and support waivers differently.
• A property waiver in a Colorado prenup is robust — courts will not unwind it based on later changes.
• A spousal-support waiver, by contrast, can be challenged at divorce if enforcement would be unconscionable on then-current circumstances.
• For Colorado prenup drafters, this means thinking carefully about how aggressive a support waiver can realistically be.
• Colorado later adopted UPMAA in 2014, but the Newman two-track principle remains influential.

Primary source

The full opinion is available at: https://law.justia.com/cases/colorado/supreme-court/1982/80sc169-0.html

Colorado prenup law in context

Colorado prenups are governed by Colo. Rev. Stat. §§14-2-301 to 14-2-313 — official statute text. For the full cost breakdown, attorney rate ranges, and procedural requirements, see the Colorado prenup cost guide.

To check whether your specific situation has the kind of risks Newman v. Newman identifies, take the 60-second prenup quiz — it applies Colorado-specific rules to your answers.

A note on legal citation

This page summarizes a published court opinion for educational purposes. We aim for accuracy but recommend reading the primary source linked above for the controlling text. Court opinions can be modified, distinguished, or overruled by later decisions; for current law, consult a family law attorney licensed in Colorado.