Should I Consider Signing a Postnuptial Agreement?

 Posted on February 16, 2026 in Family Law

Most people have heard of prenuptial agreements, which couples sign before they get married. Fewer people know that married couples can create similar protections after the wedding with something called a postnuptial agreement.

If you are married and wondering whether a postnuptial agreement makes sense for you, a Weatherford family law attorney can help you.

What is a Postnuptial Agreement?

A postnuptial agreement, sometimes called a "postnup," is a legal contract that married couples create after they are already married. It spells out how property and debts will be divided if the marriage ends or if one spouse dies.

Texas law allows married couples to enter into postnups under Section 4.102 of the Texas Family Code. These let you decide how to classify your property (either as separate or community property). Without a postnuptial agreement, Texas law automatically treats most property acquired during marriage as property that belongs to both spouses equally.

A postnuptial agreement can address how you will divide your house, retirement accounts, business interests, debts, and whether either spouse will receive spousal support if you divorce.

When Does a Postnuptial Agreement Make Sense?

You might benefit from a postnuptial agreement if:

One Spouse Receives a Large Inheritance or Gift

When one spouse inherits money or property from a family member, it is usually considered separate property by Texas law. However, if the inherited money gets mixed with community money or used to improve community property, it can lose its separate property status. A postnuptial agreement can protect inherited assets and make sure they stay separate.

One Spouse Starts or Grows a Business

If you or your spouse starts a business during the marriage, the business may be considered community property even if only one of you works in it. A postnuptial agreement can clarify ownership and protect the business from being divided in a divorce. This is especially important if you want to make sure the business stays with the spouse who runs it.

Your Financial Circumstances Change Significantly

Major changes in income, career moves, or financial windfalls can shift the balance in a marriage. If one spouse gets a significant promotion, starts earning much more money, or receives a large bonus, a postnuptial agreement can address how those new assets will be handled. The agreement can also protect one spouse if the other develops serious debt problems.

You Want to Reconcile After Separation

Some couples use postnuptial agreements as part of working through marital problems. If you and your spouse have separated but want to try to save the marriage, a postnuptial agreement can give financial clarity that will help both of you feel more comfortable moving forward.

Estate Planning Concerns Come Up

Postnuptial agreements can work together with your estate plan to make sure your assets go where you want them to go when you die. This is especially important for people who have children from previous marriages and want to protect those children's inheritance rights.

What Makes a Postnuptial Agreement Valid in Texas?

Both spouses must enter into the agreement voluntarily, without pressure or threats. The agreement must be in writing and signed by both parties. Full financial disclosure is critical. Both spouses need to share complete and honest information about their assets, debts, and income. If one spouse hides assets or lies about their financial situation, a court may throw out the entire agreement. Working with an attorney helps make sure your agreement meets all legal standards.

Are There Downsides to Postnuptial Agreements?

Bringing up the topic can create tension in a marriage, especially if one spouse feels blindsided by the request. Some people worry that planning for divorce makes divorce more likely to happen.

Postnuptial agreements also need time, effort, and legal fees to do properly. Both spouses should have their own attorneys review the agreement to make sure their interests are protected. This can be expensive, though it may save much more money and stress down the road.

Courts look at postnuptial agreements more carefully than prenuptial agreements. This means your agreement needs to be especially fair and well documented to stand up in court.

Call a Palo Pinto, TX Family Law Attorney Today

Whether you want to protect an inheritance, safeguard a business, or address changing financial situations in 2026, a postnuptial agreement may give you the security and clarity you need.

At The Law Offices of Kary L. Key, our Weatherford family law lawyer understands Texas marital property law and can guide you through the process of creating a strong, enforceable postnuptial agreement. Our lawyer has been a Certified Family Law Mediator since 2006 and brings over 25 years of experience to every case. Call The Law Offices of Kary L. Key at 817-599-6969 today to discuss your situation.