June 2026 · Estate Planning
Marital Agreements in Texas: What You Need to Know
Texas is one of only nine community property states, meaning anything you and your spouse earn or acquire during marriage is generally owned 50/50. That default works for many couples — but not all. Marital agreements let you change the rules to fit your actual situation.
01Three Main Types of Marital Agreements
Prenuptial Agreement — Signed before marriage, this agreement defines what stays yours, what becomes shared, and what happens to assets if the marriage ends. It can protect a business you built before the wedding, ensure your children from a prior relationship inherit your assets, and even change the rule that makes investment income (dividends, rent, interest) community property by default.
Postnuptial / Partition Agreement — Signed after marriage, this lets couples reorganize how their property is classified. A common reason to use one: a spouse starts a business, receives a large inheritance, or the couple simply wants to separate their finances more clearly.
Community Property Survivorship Agreement — Also signed after marriage, this one says that when one spouse dies, the community property automatically passes to the survivor without going through probate. It is a simple, effective planning tool for couples who want a smooth transfer of assets.
02What These Agreements Can and Cannot Do
They can define which assets are yours alone vs. shared, protect a business and its future growth, set rules for spousal support, and create obligations to maintain a will or trust.
They cannot predetermine child custody or child support, and they cannot include anything that encourages divorce or violates public policy.
03For an Agreement to Hold Up in Court
A few requirements matter most. The agreement must be in writing and signed by both parties. Both spouses should fully disclose their finances — hiding assets is the most common reason agreements get thrown out. Both parties should have their own attorney, and the agreement should be signed well before the wedding, not the night before.
04Why This Matters for Your Estate Plan
A marital agreement does not replace your will or trust — it works alongside them. Together, these documents ensure your assets go where you intend, your surviving spouse is protected, and your children are provided for in the way you want. Without one, Texas law decides how your property is divided, and the default rules may not reflect your wishes at all.
If any of this applies to your situation, the right time to talk to a Texas estate planning attorney is now, not when a problem arises.
This article is for general information only and is not legal advice. Consult a licensed Texas attorney for guidance specific to your situation.