Should You Consider a Postnuptial Agreement in Texas?

Many couples have heard of prenuptial agreements. Fewer people know that you can also create a marital property agreement after you are already married. In Texas, this is called a postnuptial agreement.

If you are married and thinking about protecting certain assets, clarifying financial expectations, or reducing future conflict, a postnuptial agreement may be worth considering.

What Is a Postnuptial Agreement?

Under the Texas Family Code, married couples in Texas can enter into a written agreement that changes how their property is classified. This type of agreement is often called a “postnup.”

Texas is a community property state. That means most property acquired during the marriage is considered community property and is subject to division in a divorce.

A postnuptial agreement allows spouses to:

• Convert community property into separate property
• Convert separate property into community property
• Define ownership of specific assets
• Clarify how income or future earnings will be treated

It must be in writing and signed by both spouses. Verbal agreements are not enforceable.

When Should You Consider a Postnuptial Agreement?

A postnup is not only for couples in trouble. There are many legitimate and practical reasons to consider one.

1. You Started or Grew a Business During Marriage

If one spouse launches a business after the wedding, that business may be considered community property. A postnuptial agreement can define ownership and protect the business from being divided in a future divorce.

This is especially important for entrepreneurs, professionals, and family-owned businesses.

2. You Want to Protect Generational Wealth

If one spouse receives an inheritance or gift, it is generally separate property. However, if it becomes mixed with community funds, it can create disputes. A postnup can clearly define ownership and prevent future litigation over tracing issues.

3. One Spouse Left the Workforce

If one spouse paused their career to raise children or support the other spouse’s career, a postnuptial agreement can clarify financial protections in case of divorce.

4. You Are Trying to Repair the Marriage

Sometimes couples consider a postnup after trust issues, such as financial secrecy or infidelity. A properly drafted agreement can bring transparency and structure to the marriage moving forward.

5. You Want Certainty Instead of Litigation

Divorce in Texas is governed by a “just and right” division standard. That does not always mean 50/50. Courts have discretion.

A well-drafted postnuptial agreement gives you more control rather than leaving the outcome to a judge.

Are Postnuptial Agreements Enforceable in Texas?

Yes: if they meet legal requirements.

Texas courts will generally enforce postnuptial agreements if:

• The agreement is in writing
• It is signed voluntarily
• There was full and fair disclosure of assets and liabilities
• It is not unconscionable at the time of signing

If one spouse was pressured, misled, or unaware of major financial information, the agreement could be challenged.

This is why proper legal drafting matters.

What a Postnuptial Agreement Cannot Do

A postnuptial agreement cannot:

• Decide child custody in advance
• Eliminate court authority over child support
• Violate public policy

Child-related issues must always be determined based on the child’s best interest at the time of divorce.

Is a Postnuptial Agreement Right for You?

A postnup is not about expecting divorce. It is about clarity.

If you:

• Own significant assets
• Have separate property you want to protect
• Operate a business
• Expect future inheritance
• Want to reduce uncertainty

Then it may be worth discussing with an experienced Texas family law attorney.

How Mokolo Law Firm Can Help

At Mokolo Law Firm, we help clients:

• Draft clear and enforceable postnuptial agreements
• Review agreements prepared by the other spouse’s attorney
• Protect business interests and professional practices
• Prevent costly litigation over property characterization
• Challenge unfair or improperly drafted marital agreements

We take time to understand your financial situation and long-term goals. Every agreement should be tailored, not copied from a template.

If you are considering a postnuptial agreement in Texas, we can help you make an informed decision and ensure your rights are protected.

Contact Mokolo Law Firm today to schedule a confidential consultation.