Pre-Nuptials

How Prenups Affect Estate Plans in Texas

Published on: August 27, 2023 | By David W. Miller

Having discussions with a romantic partner about a prenuptial agreement can be tough. The reality is, however, that marrying someone is, in part, a financial commitment. When talking through a possible prenup with your future spouse, it can be helpful to understand how the agreement might affect each person’s estate plan going forward. Even if you and your partner ultimately decide not to get a prenup, talking through the pros and cons can help you start to have important financial conversations that can prepare you for your future together.

What is a Prenup?

A prenup is shorthand for a prenuptial agreement. By definition, a prenup is a document that you sign with your future spouse that lays out how you would like your property to be distributed in the event of a divorce or death. Absent a prenup, a court could divide your and your spouse’s assets in a way that is not in line with either of your preferences. The court could have you pay alimony in the form of a regular payment or a lump sum, or it could determine that you are on the hook for debt that your spouse has taken on during your marriage.

Divorces can be messy and complicated, and signing a prenup before marriage allows you to bypass some of that complication in case of the worst. Importantly, you cannot prenup around child custody or child support, so those factors will always be left somewhat up to chance in the event of a divorce.

How Does “Community Property” Work in Texas?

Published on: August 14, 2019 | By McCulloch & Miller, PLLC

One of the reasons for a pre-nuptial agreement, is to clarify who owns what in the marriage, and what happens to property if the marriage should dissolve. In a community property state, everything is “ours.”

If you live in a community property state, like Texas, and you are married, both spouses own and have an equal right to assets, which are considered marital property. The issue is explored in nj.com’s recent article, “Does this house really become community property after marriage?”

Let’s imagine you own a home before your second marriage and created a will leaving the condo to a child. However, you sold the home and purchased another house in your name using funds from the sale and your own funds.

What’s the Difference Between a Prenup and a Postnup?

Published on: June 3, 2019 | By McCulloch & Miller, PLLC

Whether you and your spouse have a pre or post nuptial agreement, they are a good way to make divorce or death a little less overwhelming.

If you are wealthy, expect an inheritance or have been married before and have children from a prior marriage, you may want to consider a prenup or a postnup as a useful planning tool. An article from Investopedia, “Prenup vs. Postnup: How Are They Different?” explains why these documents are important.

A prenuptial, made before the marriage occurs, or a postnuptial, made after you’ve said your wedding vows, serves to protect both parties from the emotions (and some of the drama), if the marriage should hit the skids or when one of the couple dies.

Second Marriage Pre-Nuptial Agreements

Published on: March 5, 2019 | By McCulloch & Miller, PLLC

Early adult life is simple. You may or may not have children, a car, a lease on an apartment. However, by the time you reach your 50s and 60s, you likely have some decent assets, like retirement accounts, investments, real estate and maybe even a few collectible cars. You’ll want a prenup, before you walk down the aisle again.

A prenup the first time you get married may seem overly protective, unless there’s a big economic difference between the couple. However, after a lifetime of work, building a business or a retirement portfolio, you want to be sure that a second marriage doesn’t create a financial calamity if it fails. A prenuptial agreement lets you go about enjoying your second marriage, says this recent article, “All About Prenups For Second Marriages,” from Forbes.

Here are some of the issue to consider in second (or third) marriages: