Postnuptial Agreements
Most people have heard of a prenuptial agreement—but what if you’re already married and want to protect your finances or clarify responsibilities? That’s where a postnuptial agreement comes in.
In Texas, postnups are powerful legal tools that help couples strengthen trust, protect assets, and avoid future conflict—without ever stepping foot in court.
A postnuptial agreement is a legally binding contract signed after you’re married, outlining how assets, debts, property, and spousal maintenance would be handled in the event of divorce or death.
Texas law recognizes postnups under the Texas Family Code, and they are enforceable if properly drafted and signed voluntarily with full financial transparency.
Example: A couple reconciles after a brief separation and wants to put clear financial terms in writing as they rebuild trust.
- Division of current or future assets and debts
- Protection of businesses or real estate
- Changes to community vs. separate property designations
- Spousal maintenance or inheritance rights
- Debt responsibility from one spouse’s financial decisions
Example: A spouse receives an inheritance and wants to ensure it's kept as separate property. A postnup can clarify that intent.
- Child custody or support arrangements
- Anything illegal or grossly unfair
- Provisions signed under coercion or without full disclosure
Both are tools for transparency and protection, but a postnup is ideal if you didn’t sign a prenup or circumstances have changed after tying the knot.
- Your financial situation changed (new business, inheritance, career shift)
- You want to protect children from a prior marriage
- You’re rebuilding trust after infidelity or divorce
- You didn’t sign a prenup and now want clarity
Marriage is about partnership—but even the strongest relationships benefit from clear financial expectations. A postnup doesn’t mean you expect things to fall apart—it means you’re mature enough to protect what you’re building together.
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