When most people think about marital agreements, they think of prenups—contracts made before the wedding. But what if you’re already married and realize you need to set some things in writing? That’s where a postnuptial agreement, or postnup, comes in.
In Texas, postnups are valid and enforceable as long as they meet legal requirements. They can help couples create financial clarity, protect individual assets, and even strengthen their relationship by reducing uncertainty.
What Is a Postnup in Texas?
A postnup is a written contract signed by both spouses after marriage. Like a prenup, it can define what property is considered separate versus community and outline how assets and debts would be handled if the marriage ends. Texas law recognizes these agreements under Chapter 4 of the Family Code, as long as both parties sign voluntarily and provide fair disclosure of their finances. (Texas Family Code §4.102)
Real-Life Reasons Couples Create Postnups
Postnups aren’t just for the wealthy. They’re practical tools for many Texas couples in very real, everyday situations:
1. A Business Is Started or Growing
If one spouse starts a company or grows an existing one during the marriage, a postnup can protect that business. It clarifies whether the business remains separate property or how profits and debts are shared.
2. Inheritance or Family Wealth
If one spouse inherits property or receives a significant financial gift, a postnup can help preserve it as separate property. Without one, mixing that inheritance with marital funds could make it harder to keep separate later.
3. One Spouse Stops Working
When one spouse steps back from their career to raise children or support the other’s job, a postnup can address how financial contributions will be recognized. This ensures fairness if the marriage ever ends.
4. Rebuilding After Conflict
Some couples use postnups to restore trust after challenges like financial disputes or infidelity. By clarifying responsibilities and protections, they create a more stable foundation for moving forward.
Why Postnups Matter
Without clear agreements, property in Texas is presumed to be community property. That means almost everything acquired during the marriage—income, homes, retirement accounts—can be divided in a divorce. A postnup allows couples to step outside of that default and decide what makes the most sense for them.
Final Thoughts
Marriage changes over time, and so do financial realities. A postnuptial agreement doesn’t mean you’re planning for divorce—it means you’re planning for stability. By defining what belongs to each spouse and setting expectations, couples can reduce stress and avoid future disputes.
If you’re in Texas and wondering whether a postnup makes sense for your marriage, the best step is to talk with a family law attorney who can guide you through the process and ensure the agreement is enforceable.