When couples think about signing a premarital or postmarital agreement, they often focus on protecting what they own. But just as important is understanding how income during the marriage is treated, and what steps can be taken to make sure there’s no confusion later. These agreements aren’t just about property, they’re also about future earnings and financial clarity.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC explains the importance of premarital and postmarital agreements and how they help define what is considered separate property versus community property under the Texas Family Code. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Understanding Income and Assets in Divorce Agreements
We know there’s a lot to consider when deciding what assets will be shared and what will remain individual property. One important question often asked is whether there are specific types of income or assets to think about when preparing for a premarital or postmarital agreement.
The Role of Agreements in Protecting Property
In both premarital and postmarital agreements, it’s important to talk to an attorney before deciding how the agreement should be set up. At Turner Monahan, we always recommend having this conversation early so you understand your options fully.
One key thing to know is how the Texas Family Code treats assets and debts in a marriage. In Texas, any asset or debt acquired during marriage is automatically presumed to be community property, unless it can be proven otherwise. That means the responsibility is on the person who is claiming that something is separate property.
Why Legal Agreements Matter
A premarital agreement allows you to avoid confusion by clearly defining what will be considered separate. It gives you the proof you need. You can point to the agreement and say, “This income would usually be considered community property, but we agreed that it is separate.” That agreement makes all the difference.
Even if that income changes form, like if it turns into an asset later on, it will still be treated as separate property if that’s what the agreement says.
If this happens, the court will need to sort out each person’s role and whether any legal agreements or assumptions were made that affect custody or rights. These are difficult situations, and we always aim to help clients avoid unnecessary conflict and delays.
What Does the Texas Family Code Say?
The Texas Family Code has several important sections that impact how income is viewed during marriage and how it can be addressed in marital agreements.
Section 3.001: Separate Property
This defines separate property as anything owned before marriage, or acquired during marriage by gift, devise, or descent. Agreements can help confirm this classification when income is derived from these sources.
Section 3.002: Community Property
Community property includes income earned by either spouse during the marriage. Without a valid agreement, wages, commissions, and profits are automatically shared between spouses.
Section 4.003: Permissible Terms of Marital Agreements
This section outlines what a premarital or postmarital agreement can include. It allows couples to define how income, debts, and earnings will be treated, including income that may otherwise be presumed community property.
Section 4.006: Enforcement
This section talks about when and how a marital agreement will be enforced. It’s important to make sure the agreement is clear, voluntary, and signed with full disclosure from both sides.
Whether you are considering a prenup or a postnup, it’s important to know how Texas law views certain assets and income before you create the agreement and how you want them to be treated afterward. That way, your agreement can reflect those decisions clearly and avoid future misunderstandings.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Income earned during a marriage can lead to complicated questions if not addressed early. Having a clear agreement can reduce future stress and protect what matters most to both people. To ensure your rights and goals are fully understood, consult with a family law attorney who can guide you through the process and help you prepare a strong, fair agreement. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How Do I Prepare for Court?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
