Prenuptial agreements aren’t just for wealthy families or celebrities anymore. In today’s digital-first economy, more couples—especially millennials and Gen Z—are coming into marriage with unique assets that didn’t exist a decade ago. Think: crypto wallets, NFTs, personal brands, digital art, and online businesses. If you’re entering marriage with any of these, it’s worth asking: Can you protect them with a prenup in Colorado?
Digital Assets Are Still Property
Under Colorado law, a prenuptial agreement can define how property is handled during the marriage and in the event of divorce. The rules for these agreements are governed by the Colorado Uniform Premarital and Marital Agreements Act (CRS § 14-2-301 to § 14-2-313). That law doesn’t limit prenups to traditional assets like real estate or bank accounts.
In fact, any property—whether it’s physical, intellectual, or digital—can be addressed in a valid prenuptial agreement, as long as both parties:
- Disclose assets and debts fully and fairly
- Sign the agreement voluntarily
- Have access to independent legal advice
That means you can absolutely protect things like cryptocurrency, NFTs, digital income streams, and ownership interests in online ventures.
Common Digital Assets to Address in a Prenup
Here are some modern assets and income sources that couples should consider including in a prenup:
- Cryptocurrency (Bitcoin, Ethereum, altcoins, etc.)
- NFTs and digital collectibles
- Revenue from YouTube, TikTok, Substack, or Twitch accounts
- Online stores (Etsy, Shopify, Amazon FBA)
- Domain names and websites
- Royalties from digital art, e-books, or music
- SaaS platforms, apps, or startup equity
These assets often fluctuate in value, are hard to trace, or may not be easy to value at the time of marriage—which makes upfront planning even more important.
Why Traditional Prenups May Not Be Enough
The challenge with digital assets isn’t just that they’re new—it’s that they’re dynamic. Crypto values spike and crash. A side hustle can become a six-figure business. An NFT might be worthless today and valuable tomorrow.
That’s why a modern prenup should:
- Define how increases in value are treated (marital vs separate property)
- Address who maintains, manages, or accesses digital assets
- Include terms for valuing or dividing illiquid or fluctuating assets
- Plan for future acquisitions, not just current holdings
Without clear terms, a court may treat any appreciation in value as marital property—subject to division under Colorado’s equitable distribution standard (CRS § 14-10-113).
Can You Protect Future Revenue Too?
Yes, but it depends on how the prenup is drafted. If you’re building an online brand or content-based business, a prenup can define:
- Whether future income remains separate
- Whether your spouse has any claim to the brand or platform
- What happens to shared tools (cameras, laptops, production spaces)
You can even include buyout clauses or terms for how to divide proceeds if the business is sold or monetized later.
How Boal Law Helps You Stay Ahead
At Boal Law, we’ve seen how fast digital assets can evolve—and how painful it is to litigate them after the fact. Whether you’re entering marriage with crypto, launching a startup, or monetizing your creativity, we can help you draft a clear, enforceable prenup that protects your interests.
We’ll walk you through:
- Asset inventory and disclosure
- Risk zones for commingling property
- Tailored clauses for fluctuating or tech-based holdings
Plan Ahead—Even If You’re in Love and Online
Digital assets are real assets. If they matter to you now, they’ll matter even more if your relationship ends. A thoughtfully drafted prenup isn’t cold—it’s smart. And in today’s digital economy, it’s essential.