Texas Divorce Attorney Blog
A recent Texas appellate decision highlights the importance of carefully drafting post-marital agreements and understanding the obligations created by those agreements. In a recent divorce case, the Fourteenth Court of Appeals considered whether a trial court could modify contractual spousal maintenance provisions and how reimbursement claims should be handled when community funds are used to benefit separate property.
The court held that valid marital agreements must be enforced according to their terms, while also recognizing the financial consequences of the parties’ conduct after signing the agreement. Schuller v. Schuller, No. 14-24-00310-CV, 2025 WL ___ (Tex. App.—Houston [14th Dist.] 2025).
Background of the Case
The parties in Schuller entered into a Marital Property Partition and Exchange Agreement (post-marital agreement) about 14 years into their marriage. The agreement addressed ownership of certain property and provided that specific real estate interests would be treated as the husband’s separate property. The agreement also established a contractual spousal maintenance obligation that would apply if the parties later divorced.
After executing the agreement, however, the parties continued to use community funds to pay expenses associated with the husband’s separate property. Those expenses included mortgage payments, taxes, insurance, and homeowners’ association fees. By the time of divorce, the payments totaled more than $220,000.
When the marriage ended, the wife asserted reimbursement claims based on the community estate’s contributions toward the husband’s separate property. The trial court agreed that reimbursement was appropriate and determined that the community estate was entitled to recover those amounts.
The trial court also addressed the contractual maintenance provision. Although the parties’ agreement provided specific terms governing when maintenance would end, the trial court added additional termination events, including provisions related to remarriage and cohabitation.
The Appeals Court Enforced the Maintenance Agreement as Written
The Fourteenth Court of Appeals affirmed the reimbursement award but reversed the trial court’s modifications to the maintenance provision.
Under Texas law, spouses may enter into written agreements concerning property rights and financial obligations during marriage. Those agreements are generally enforceable if they meet statutory requirements. Tex. Fam. Code §§ 4.102-4.104.
The appellate court explained that when parties enter into a valid agreement, courts must enforce the agreement as written. A court may not add provisions that the parties did not negotiate or include in their contract. Texas courts have repeatedly recognized that the role of the court is to interpret and enforce agreements, not rewrite them to create terms the parties could have included but chose not to include.
Because the parties’ agreement specified the circumstances under which the maintenance obligation would terminate, the trial court exceeded its authority by adding additional termination provisions.
Reimbursement Claims May Still Arise After Property Is Classified as Separate
Although the post-marital agreement successfully characterized the property as the husband’s separate property, that classification did not eliminate reimbursement claims. Texas law recognizes that one marital estate may have a reimbursement claim against another when funds from one estate are used to benefit another estate.
In Schuller, the appellate court determined that the community estate’s payments toward the husband’s separate property created a valid reimbursement claim. The court’s analysis demonstrates that property characterization and reimbursement are separate legal issues.
Need to Protect Your Assets? Call a Dallas Divorce Attorney
McClure Law Group assists clients with complex Texas divorce matters involving property characterization, marital agreements, and disputes over financial obligations created during marriage. Whether you’re interested in preemptively protecting your property in the event of the divorce or are currently in the process of trying to enforce a pre- or post-marital agreement, our divorce attorneys can help. Call us at (214) 692-8200 to set up a meeting with our team.