Family and Criminal Law Blog

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 drafting a post-nup.

How Do I Bring Up a Post-Nup to My Spouse?