# POST-NUPTIAL AGREEMENT This Post-Nuptial Agreement (the "Agreement") is made on [DATE] between [SPOUSE 1 NAME] ("Spouse 1") and [SPOUSE 2 NAME] ("Spouse 2"), collectively referred to as "the Parties." WHEREAS, the Parties are married and wish to define their rights and obligations regarding a new retirement account; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: ## 1. NEW EMPLOYMENT AND RETIREMENT ACCOUNT 1.1 Spouse 1 has recently obtained new employment with [EMPLOYER NAME] and as part of this employment has access to a new retirement account (the "Account"). 1.2 The Account is [ACCOUNT TYPE, e.g., 401(k), IRA] and was opened on [DATE]. ## 2. DESIGNATION OF PROPERTY 2.1 The Parties agree that the Account, including all contributions and earnings, shall be considered the separate property of Spouse 1. 2.2 Any contributions made to the Account from marital funds shall not change its character as separate property. ## 3. RIGHTS UPON DISSOLUTION OF MARRIAGE 3.1 In the event of a dissolution of marriage, Spouse 2 waives any right, title, or interest in the Account, including any appreciation or income derived from the Account during the marriage. 3.2 This waiver does not affect any rights Spouse 2 may have to other marital property or support. ## 4. BENEFICIARY DESIGNATION 4.1 Spouse 1 shall have the right to designate beneficiaries for the Account without restriction. 4.2 Spouse 2 waives any right to be named as a beneficiary of the Account. ## 5. DISCLOSURE 5.1 Spouse 1 has provided full disclosure of all information related to the new employment and the Account. 5.2 Spouse 2 acknowledges receipt and understanding of this information. ## 6. VOLUNTARY EXECUTION 6.1 The Parties acknowledge that they enter into this Agreement voluntarily and without any duress or undue influence. ## 7. GOVERNING LAW 7.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. ## 8. SEVERABILITY 8.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. ## 9. ENTIRE AGREEMENT 9.1 This Agreement contains the entire understanding of the Parties with respect to the Account and may be modified only in writing signed by both Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. ________________________ [SPOUSE 1 NAME] ________________________ [SPOUSE 2 NAME] NOTARY ACKNOWLEDGMENT [Standard notary acknowledgment for the State of Colorado]