You may have entered marriage without a prenuptial agreement and later found that your circumstances changed in ways you could not have anticipated. Perhaps your finances look different, you received an inheritance or your roles within the marriage have changed. In those situations, you may wonder whether you can still create an agreement that addresses your property and financial arrangements. A postnuptial agreement can give you that opportunity after marriage.

Here are some situations that may prompt you to consider one.

A major change in finances

A significant change in your financial circumstances can give you a reason to revisit how you and your spouse handle property. A substantial increase in income, a new business or the acquisition of significant assets can change the financial picture you had when you married.

If those changes create uncertainty about ownership or future financial responsibilities, you may want to discuss whether a postnup could address them.

An inheritance or new family wealth

Receiving an inheritance can raise questions about how you want to handle that property during your marriage. Under Texas law, property you receive through an inheritance generally qualifies as separate property, while property acquired during marriage generally qualifies as community property.

A postnup can help you and your spouse establish how certain property should remain separate or how you want to handle it within your marriage.

A change in property ownership

Buying real estate or acquiring another significant asset during your marriage can prompt you to reconsider your existing property arrangements. Texas law allows spouses to partition or exchange community property at any time through a written agreement signed by both spouses.

A postnup can address how you and your spouse want to classify and manage certain property rather than leaving those questions unresolved.

A change in your financial roles

A major shift in how you and your spouse contribute to the household can also prompt a conversation about a postnup. For example, you might leave your career to care for children, take on a larger role in a family business or experience a significant change in your earning capacity.

Those changes can affect the financial expectations you and your spouse established earlier in your marriage.

Review your circumstances before signing

A postnup can help you address financial arrangements after marriage, but the agreement should reflect your current circumstances and comply with Texas law. Before signing, consider reviewing the proposed terms and your existing property records with an attorney who can explain how the agreement could affect you.