In Re the Marriage of Denise Zander, and John Zander

Summary

The court held that the spouses’ 2007 oral agreement to exclude retirement accounts and inheritances from the marital estate was invalid because Colorado law then required marital agreements to be in writing and signed by both parties. The court also held that the parties’ subsequent conduct could not constitute partial performance sufficient to overcome those statutory formalities. It affirmed the court of appeals and remanded for further proceedings consistent with its opinion.