Attorney
When it comes to divorce in Texas, financial disputes are often among the most complicated and emotionally charged issues. Spousal support (also known as alimony) can provide critical financial stability, but what if you or your spouse previously signed a prenuptial (pre-nup) or postnuptial (post-nup) agreement? At Navarrete & Schwartz, P.C., we assist clients in Midland in understanding how these agreements can impact spousal support and guide them through the legal process to protect their rights.
What Are Pre-Nups and Post-Nups?
Prenuptial agreements are contracts created before a marriage that outline financial arrangements in the event of divorce, including the division of property and, in some cases, spousal support.
Postnuptial agreements, on the other hand, are signed after the marriage has begun and can also address property division, financial obligations, and spousal maintenance.
Both types of agreements can significantly influence spousal support in Texas, but the enforceability depends on how the agreement was drafted, signed, and executed. If the court finds the agreement “unconscionable,” it will likely not enforce the terms.
How Pre-Nups and Post-Nups Affect Spousal Support
In Texas, spousal support is generally awarded based on:
- The length of the marriage
- Each spouse’s ability to earn income
- Contributions as a homemaker or caregiver
- Health, age, and financial needs of the requesting spouse
- Acts of family violence
However, if you have a pre-nup or post-nup, the agreement may:
- Limit or waive spousal support entirely
- Specify a fixed amount or duration of support
- Outline conditions under which spousal support may or may not be granted
Courts will generally enforce these agreements if they were entered into voluntarily, with full disclosure of assets, and without coercion. A well-drafted agreement can reduce uncertainty and avoid prolonged disputes over alimony.
When Spousal Support Provisions in Agreements May Be Challenged
Even if a pre-nup or post-nup includes spousal support terms, there are situations where the court may refuse to enforce the agreement, including:
- If one party was pressured or coerced into signing
- If the agreement was unfair or unconscionable at the time of execution
- If there was inadequate disclosure of assets
- If circumstances have dramatically changed, making enforcement inequitable
In these cases, an attorney can help you argue for or against enforcement based on the agreement’s validity and current circumstances.
Modifying or Enforcing Spousal Support Agreements
If your pre-nup or post-nup includes specific spousal support terms, it is possible to petition the court for enforcement or modification under certain conditions:
- If your spouse fails to honor the agreement, you may seek enforcement through the court
- If your financial circumstances or the supporting spouse’s income has changed substantially, a modification may be requested
At Navarrete & Schwartz, P.C., we work with clients to review agreements carefully, gather supporting evidence, and present a compelling case to the court that protects their financial interests.
Why Legal Guidance Matters
Navigating spousal support issues with a prenuptial or postnuptial agreement requires a thorough understanding of Texas family law and a careful legal strategy. Misinterpreting or overlooking key provisions in a contract can have long-term consequences for your financial security.
Whether you are:
- Seeking spousal support despite an agreement
- Defending against a claim based on a pre-nup or post-nup
- Negotiating a modification to reflect current circumstances
Having experienced legal counsel can make all the difference.
Protect Your Rights With Navarrete & Schwartz, P.C.
At Navarrete & Schwartz, P.C., we help clients in Midland and West Texas navigate complex divorce issues, including spousal support and prenuptial or postnuptial agreements. Our goal is to provide clear guidance, protect your rights, and help you achieve a fair and reasonable outcome.
If you are facing divorce and want to understand how your pre-nup or post-nup affects spousal support, contact Navarrete & Schwartz, P.C. today. Schedule a confidential consultation and let us help you protect your financial future.