Understanding the financial aspects of marriage and divorce—including prenups, postnups, and alimony—empowers couples to make informed decisions that protect both partners and build stronger foundations for their futures.

Key Takeaways:

• Prenuptial and postnuptial agreements aren’t just for the wealthy, as they provide financial clarity and protection for any couple willing to have honest conversations about money, property, and future possibilities.

• Texas courts take a restrictive approach to spousal maintenance, awarding it only under specific circumstances, which makes understanding your options and negotiating contractual alimony an important part of divorce planning.

• Working with experienced family law attorneys ensures your marital agreements meet legal requirements and hold up in court, giving you peace of mind that your financial future is protected.

Marriage is a partnership built on love, trust, and shared dreams—but it’s also a legal and financial arrangement that affects everything from property ownership to retirement planning. While discussing money might feel unromantic, understanding the financial aspects of marriage and divorce empowers you to make informed decisions that protect both you and your spouse.

Whether you’re engaged and considering a prenuptial agreement, already married and thinking about a postnuptial agreement, or facing divorce and trying to understand how alimony works, this guide breaks down what you need to know in plain, practical terms.

What Is a Prenuptial Agreement?

A prenuptial agreement, commonly called a prenup, is a legal contract that couples sign before getting married. This document outlines how assets, debts, and financial responsibilities will be handled during the marriage and in the event of divorce.

Prenups often get a bad reputation. Some people see them as planning for failure or as something only wealthy people need. But that perspective misses the point entirely. A prenup is really just a financial plan that happens to account for different possible futures.

Think of it this way: you probably have car insurance even though you don’t plan to get into an accident. A prenup works the same way by providing clarity and protection just in case.

What Can a Prenup Cover?

Prenuptial agreements can address a wide range of financial matters, including how you’ll divide property if the marriage ends, whether one spouse will pay alimony to the other, how you’ll handle debts each person brings into the marriage, what happens to business interests or investments, and how you’ll manage finances during the marriage itself.

In Texas, prenups cannot determine child custody or child support arrangements. Courts always retain the authority to make decisions about children based on their best interests at the time, regardless of what any agreement says.

Who Should Consider a Prenup?

Prenups aren’t just for millionaires. You might benefit from a prenuptial agreement if you own a business or professional practice, you’re entering marriage with significant assets or debts, you have children from a previous relationship, you expect to receive an inheritance, one spouse earns significantly more than the other, or you want clarity about financial expectations from the start.

Having an honest conversation about money before marriage can actually strengthen your relationship. Couples who discuss finances openly tend to have fewer conflicts down the road.

What Is a Postnuptial Agreement?

A postnuptial agreement, or postnup, works much like a prenup, but couples sign it after they’re already married. These agreements address the same financial issues: property division, debt responsibility, spousal support, and similar matters.

Why would a married couple need a postnup? Life changes. Maybe one spouse started a business after the wedding. Perhaps you received an inheritance you want to keep separate. Maybe you experienced a rough patch in your marriage and want to establish clearer financial boundaries as you work on rebuilding trust.

Postnups can also serve as a proactive step when couples realize they never discussed finances thoroughly before getting married. It’s never too late to get on the same page.

How Texas Law Treats Marital Agreements

Texas courts generally enforce prenuptial and postnuptial agreements, but both parties must enter into them voluntarily and with full disclosure of their financial situations. Courts may refuse to enforce an agreement if one spouse was pressured or coerced into signing, one spouse hid assets or provided misleading financial information, the agreement is grossly unfair to one party, or proper legal formalities weren’t followed.

Working with experienced family law attorneys ensures your agreement meets all legal requirements and holds up if it’s ever challenged.

Understanding Community Property in Texas

Before diving into alimony, it helps to understand how Texas handles marital property. Texas is one of nine community property states in the country, and this classification significantly affects what happens to your assets during divorce.

Under community property rules, most assets and debts acquired during the marriage belong equally to both spouses, regardless of who earned the money or whose name appears on the account. Separate property, on the other hand, includes what you owned before marriage, gifts given specifically to you, and inheritances you received in your name alone.

The distinction between community and separate property becomes crucial during divorce. Courts divide community property in a manner they consider “just and right,” which doesn’t always mean a perfect 50/50 split. Factors like earning capacity, fault in the marriage breakdown, and custody arrangements can all influence division.

What Is Alimony?

Alimony, called spousal maintenance in Texas, refers to payments one spouse makes to the other after divorce to help maintain their financial stability. Unlike some states where alimony is common, Texas takes a more restrictive approach.

Texas courts don’t award spousal maintenance automatically. The spouse requesting support must demonstrate that they lack sufficient property to meet their minimum reasonable needs and that they meet at least one of several qualifying conditions.

When Do Texas Courts Award Spousal Maintenance?

You may qualify for spousal maintenance in Texas if your spouse was convicted of or received deferred adjudication for family violence within two years of the divorce filing, you’ve been married at least ten years and cannot earn enough to meet your basic needs, you have a physical or mental disability that prevents you from earning sufficient income, or you’re the custodian of a child who requires substantial care due to a disability.

Even when you qualify, courts limit how much maintenance you can receive and how long payments continue. The maximum amount is typically $5,000 per month or 20 percent of the paying spouse’s gross monthly income, whichever is less. Duration depends on factors like the length of your marriage, ranging from five years for marriages of 10-20 years to ten years for marriages lasting 30 years or longer.

Contractual Alimony: An Alternative Approach

Because Texas law limits court-ordered spousal maintenance, many divorcing couples negotiate contractual alimony instead. This type of support gets written into your divorce settlement agreement rather than ordered by a judge.

Contractual alimony offers more flexibility. Couples can agree to higher payment amounts, longer duration, or different terms than what a court would order. However, enforcement works differently—if your ex stops paying contractual alimony, you typically pursue it as a breach of contract rather than through the family court system.

How Prenups and Postnups Affect Alimony

One significant benefit of marital agreements is the ability to address spousal support in advance. You and your spouse can agree on whether alimony will be paid, how much, for how long, and under what circumstances.

Some couples use prenups to waive alimony entirely, while others establish specific formulas based on length of marriage or other factors. Having these terms decided ahead of time removes uncertainty and potential conflict if divorce becomes necessary.

Keep in mind that courts may still scrutinize alimony provisions for fairness. An agreement that leaves one spouse destitute while the other thrives might face challenges, even if both parties originally signed willingly.

Protecting Your Financial Future

Whether you’re planning a wedding, navigating an existing marriage, or facing divorce, knowledge is your greatest asset. Understanding how prenups, postnups, and alimony work helps you make decisions that protect your interests while treating everyone involved fairly.

A few key principles apply across all these situations. First, honesty about finances matters more than almost anything else. Hidden assets or debts create legal problems and destroy trust. Second, getting professional guidance before signing any agreement saves heartache later. Family law attorneys can identify issues you might miss and ensure your documents hold up legally. Third, your circumstances will change over time. Reviewing and updating your agreements periodically keeps them relevant and enforceable.

Money conversations might feel awkward, but avoiding them creates far bigger problems down the road. Couples who discuss finances openly, including the possibility that things might not work out, build stronger foundations for their relationships.

De Ford Law Firm Is Here to Help

At De Ford Law Firm, our award-winning team brings over 50 years of combined experience helping Texas families navigate the financial complexities of marriage and divorce. We believe in honest, straightforward guidance that empowers you to make confident decisions about your future.

Whether you need help drafting a prenuptial or postnuptial agreement, understanding your rights to spousal maintenance, or protecting your business and assets during divorce, we provide personalized strategies tailored to your unique situation. We focus on amicable, cooperative solutions whenever possible, because we know that preserving relationships and minimizing conflict leads to better outcomes for everyone involved.

Contact De Ford Law Firm today for a free case evaluation. Let’s talk about your situation and explore how we can help you build a secure financial future.