In Re Marriage of Burgess

PRESIDING JUSTICE HEIPLE

delivered the opinion of the court:

The issue raised on this appeal calls for a determination of whether the trial court’s award of maintenance to the wife may stand in view of the fact that the parties had entered into a valid antenup-tial agreement which, by its terms, barred such maintenance. We hold that the award in this case may not stand.

Lenore Wheelan and John Burgess were married on September 3, 1977, in Fort Collins, Colorado. Prior to their marriage, John and Lenore entered into an antenuptial agreement. The agreement provided for a division of assets and…