Prenups get all the attention, but what happens if you’re already married and realize you need to put some things in writing? That’s where a postnuptial agreement comes in—and for many couples in Texas, it can be a smart, stabilizing move.
A postnup isn’t a sign your marriage is falling apart. In fact, it can do the opposite—it can help you both get on the same page and protect your future when life changes in ways you didn’t expect. So let’s talk about what a postnup actually is, when it makes sense, and how it might help you preserve—not end—your relationship.
What Is a Postnup?
A postnuptial agreement is just like a prenup, except it’s signed after you’re already married. It’s a legally binding contract that outlines how property, debt, income, and other financial matters will be handled during the marriage—or if it ever ends.
Texas recognizes postnuptial agreements under its marital property laws, and when drafted properly, they’re enforceable in court. But beyond legality, a postnup offers something just as important: clarity.
So When Should You Consider a Postnup?
It’s not just for the ultra-wealthy or couples in crisis. Here are four very real-life situations where a postnup makes sense:
- One of You Inherits Significant Assets
Let’s say your spouse receives a large inheritance from a relative. Under Texas law, that inheritance is considered separate property—unless it’s commingled with marital funds. But it’s easy to mix things unintentionally, especially over time.A postnup allows the spouse who received the inheritance to protect it and define how it should (or shouldn’t) be used or shared. This can prevent disputes later and give both spouses peace of mind.
- One of You Owns a Business—or Starts One After Marriage
Business and marriage don’t always mix well. If one of you owns or launches a business during the marriage, things can get murky. Income from that business might be considered community property, and the business itself could become part of the marital estate in a divorce.A postnup can define what belongs to the business owner, what income stays separate, and what happens to the business if the marriage ends. It’s also a great way to protect the company from outside risk or ownership disputes.
- You’ve Had a Rough Patch and Want to Rebuild Trust
Sometimes couples hit a rough spot—infidelity, financial dishonesty, or just long-standing disagreements. You don’t want a divorce, but you also need something concrete to restore security.A postnup can help. By outlining how money will be handled, who’s responsible for what, and what happens if boundaries are broken again, it can help rebuild trust and create a new foundation for your relationship moving forward.
- One Spouse Stops Working to Raise Kids
If one of you leaves the workforce to care for children or support the other’s career, it’s a major financial shift. Without a postnup, that stay-at-home partner could be left vulnerable down the road, especially in a state like Texas where spousal support is limited.A postnup can recognize that contribution, outline future support if things don’t work out, and ensure the spouse who stepped back isn’t financially disadvantaged later. It’s about fairness—and foresight.
Postnups Aren’t About Expecting Divorce—They’re About Planning for Life
Some people are afraid to bring up a postnup because it feels like saying, “I don’t trust you.” But that’s not what it’s about. It’s saying, “I want us to be clear, prepared, and on the same team—no matter what happens.”
Just like a will, insurance policy, or financial plan, a postnup is there to protect both of you from uncertainty. It can also relieve pressure in the relationship by answering questions you’ve both been avoiding.
Final Thoughts
Life changes. So do finances, careers, and relationships. A postnup gives married couples in Texas the chance to adapt—without starting over. Whether you’re protecting assets, managing risk, or simply trying to communicate better, it can be a valuable tool for any marriage.
At Sandoval Family Law, we help couples in Austin and throughout Texas create postnuptial agreements that are fair, legally sound, and built to strengthen—not weaken—the relationship. If you’re considering one, we can walk you through what makes sense for your situation.
Have questions about whether a postnup is right for you? Reach out to our team today.