In Re the Marriage of Ikeler

Justice EID,

specially concurring.

Under the rationale adopted by the majority today, a district court can conduct an unconscionability review of all provisions of a marital agreement. Yet the legislature has permitted such review “insofar, but only insofar, as the provisions of such agreement ... relate to” the determination of spousal maintenance. § 14-2-307(2), C.R.S. (2006) (emphasis added). In my view, the attorney’s fees waiver provision at issue in this case can be reviewed for unconscionability not because all provisions in a marital agreement can be subjected to such review, as the…