Broaching the Topic of a Post-Nup With Your Spouse

Will a post-nuptial agreement help to protect my assets?

If you married without a pre-nup, you may be wise to consider entering into a post-nuptial agreement with your spouse. A post-nuptial agreement is similar to a pre-nuptial contract, but instead of being executed before marriage, it is entered into during the union. In a post-nup, you and your spouse can set out your wish to voluntarily divide your assets and property in the event of divorce or death. Post-nups are authorized under Texas law, but it can be difficult to bring up the topic of a post-nup with your spouse. Our Texas family law lawyers discuss some tips on how to broach the topic of a pre-nup and why it may be worth doing.

Why Should I Consider a Post-Nup?

Discussing a post-nup with your spouse is hardly an indication the marriage is in trouble; on the contrary, bringing up the subject of a post-nuptial agreement can be a great way to resolve any underlying issues concerning finances before they become a significant problem. While any couple could benefit from a post-nup, the following reasons may make a post-nup extremely beneficial to your family:

You have children from a previous marriage and wish to allocate funds or property to your children;
One of you recently started his or her own business;
Your financial circumstances have recently changed;
You have significant separate assets and failed to enter into a pre-nup.

All Texans should remember that without a pre-nup or post-nup in place, any property that you or your spouse acquire during marriage will likely be considered community property. If you want to keep your property or certain assets separate, you will need to take steps to do so, like dra

About the Author

Rick Navarrete, a graduate of Angelo State University and Texas Tech University School of Law, has been serving the Permian Basin for over 24 years, with his practice extending across Texas. Specializing in criminal defense and family law, Rick has tried hundreds of cases before juries and judges, including high-profile matters. His extensive experience has honed a deep understanding of the law, enabling him to effectively prosecute, defend, and protect his clients’ interests. Rick has built a firm culture that prioritizes exceptional client service and personalized attention. Known for his zealous courtroom advocacy, he is equally dedicated to educating his clients throughout the litigation process. This commitment has earned him a reputation as one of the area’s most sought-after trial attorneys. Rick is an active member of the Texas Criminal Defense Lawyers Association, the Texas Family Law Section, and the Administration of Rules of Evidence Committee for the State Bar of Texas. He has also served as President of the Midland County Young Lawyers Association and on the Bar Leadership Committee of the State Bar of Texas. Among his many accolades, Rick has been recognized as a Texas Super Lawyer and included in the Best Lawyers in America.