When it comes to divorce, Colorado law is designed to protect the wishes of each former spouse. Practically speaking, this means that any former spouse listed in your estate planning documents is no longer legally valid upon divorce. Clauses that list former spouses as beneficiaries or fiduciaries are revoked, and former spouses that are listed as personal representatives are treated as though they are deceased. Unless the estate planning documents explicitly state otherwise, divorce in Colorado automatically overrides estate planning documents made before the divorce.
The end of a relationship is always painful. It can often become even more difficult, however, when divorce forces both parties to divide their assets. Even without a pre-nuptial agreement, however, there are steps you can take to separate and protect your assets. Depending on the type of asset and the state you live in, trusts can provide limited protection against the division of spousal assets.