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Whether you have been married for just a few days or a few decades, your marriage could benefit from a postnuptial agreement. These agreements share many similarities with their pre-marriage sibling, the premarital agreement, however, their differences are significant enough to warrant a separate discussion.
We recommend reviewing our brief overview of premarital agreements for Round Rock here. At its core, a postnuptial agreement is one signed between married spouses. This is in contrast to a premarital agreement, which is signed by an unmarried couple in anticipation of marriage. Generally, postnuptial agreements exist to clarify the rights and obligations of the spouses.
Additionally, postnuptial agreements tend to amend previous agreements, such as an existing premarital agreement, though they can also exist as stand-alone documents. For an in-depth overview of community property, please consult our blog post on the topic here.
Blended families also turn to postnuptial agreements. Under Texas law, if a spouse passes away during the marriage, his or her assets pass to the surviving spouse. But this may not reflect the desires of spouses with children from previous marriages. Taken together, these default rules can lead to some bizarre results. In one famous example, Husband and Wife passed away together in a plane crash.
Much of the court testimony came from experts postulating on exactly which spouse had died firstβan outcome surely neither spouse intended. A simple postnuptial agreement that protected the interests of all children could have avoided such a messy court battle. Couples can also use postnuptial agreements to apportion their retirement accounts. Under Texas law, retirement accounts accrued during the marriage are community property.