Going through a divorce is one of life’s most emotionally and financially challenging experiences. When you’re facing the end of your marriage, you need clear guidance, honest assessments, and experienced legal representation to protect your interests. As a Dallas divorce attorney with over 25 years of experience, I understand that every divorce case presents unique challenges—and some of the most complex involve disputed marital agreements.
A recent Texas Court of Appeals case, Stankewich v. Stankewich (2025), provides crucial insights into when postnuptial agreements can be invalidated, offering important lessons for anyone considering divorce or contemplating a marital agreement. This case demonstrates why having an experienced Dallas family lawyer is essential when dealing with complex marital property issues.
Understanding the Stankewich v. Stankewich Case
Background and Marriage History
Sylvia and Dennis Stankewich married in March 2011, beginning what would become a turbulent 11-year marriage marked by allegations of domestic abuse, financial control, and multiple protective orders. Their relationship exemplifies how domestic dynamics can significantly impact the validity of marital agreements—a reality many clients face when seeking help from a divorce attorney near me.
The couple’s troubles began early in their marriage. Dennis underwent cancer treatment, during which Sylvia moved from Texas to Alaska to care for him. After his retirement, they relocated to Texas, living with Sylvia’s father in Laredo. This period was marked by financial strain, with Dennis owing $30,000 to a friend and the couple living primarily off Dennis’s retirement benefits.
Throughout their marriage, both parties alleged domestic violence against each other, resulting in multiple protective orders issued by various courts. These allegations would later play a crucial role in the court’s analysis of their postnuptial agreement’s validity.
The Contested Postnuptial Agreement
On April 9, 2018, while living in Laredo, the couple executed a postnuptial agreement that would become the central focus of their divorce proceedings. This agreement contained several significant provisions:
Financial Obligations Upon Divorce:
- Dennis would pay Sylvia $3,500 per month in spousal maintenance for life
- Dennis would reimburse Sylvia for health and dental insurance costs (approximately $860 monthly)
- Sylvia would receive 50% of Dennis’s various retirement benefits, including Social Security, military retirement, Alaska state pension, and VA disability payments
Behavioral Provisions:
- A no-adultery clause
- A non-abuse clause requiring Dennis to attend counseling
- Violation of these provisions would constitute grounds for divorce and enforcement of the agreement
Total Financial Impact: The agreement would have required Dennis to pay Sylvia approximately $8,360 per month, while Dennis’s total monthly income from all sources was only about $8,000. This mathematical impossibility became a key factor in the court’s decision.
The Circumstances Surrounding the Agreement’s Execution
The testimony revealed disturbing circumstances surrounding how the agreement was signed. According to Dennis’s testimony, which the trial court found credible:
Deceptive Tactics:
- Sylvia told Dennis they were going to get a kitten, but instead took him to her attorney’s office
- The agreement was already prepared without Dennis’s knowledge or input
- Dennis had no prior conversations with Sylvia about creating such an agreement
Financial Control and Coercion:
- Sylvia controlled the couple’s bank accounts and had transferred money from joint accounts to accounts Dennis couldn’t access
- Dennis had recently been kicked out of the house and forced to stay in a hotel for several days
- When Dennis initially refused to sign, Sylvia threatened to prevent him from returning home
- Sylvia intercepted Dennis’s correspondence with friends who might have helped him leave the relationship
Dennis’s Vulnerable Condition:
- Dennis was disabled and taking methadone and pain medication at the time of signing
- He had no money, no transportation, and knew no one in Laredo
- All his belongings were at Sylvia’s father’s house
- He was the sole source of income for the household
Legal Standards for Postnuptial Agreements in Texas
Under Texas Family Code Section 4.105, a postnuptial agreement can be deemed unenforceable if a party proves either:
- Involuntary Execution: The party did not sign the agreement voluntarily
- Unconscionability with Inadequate Disclosure: The agreement was unconscionable when signed, AND the challenging party:
- Was not provided a fair and reasonable disclosure of the other party’s property or financial obligations
- Did not voluntarily waive the right to such disclosure in writing
- Did not have adequate knowledge of the other party’s property or financial obligations
The Trial Court’s Decision and Reasoning
Finding of Involuntary Execution
The trial court found that Dennis executed the agreement involuntarily based on substantial evidence of duress and undue influence:
Elements of Duress:
- False pretenses used to bring Dennis to the attorney’s office
- Threats of homelessness if he refused to sign
- Dennis’s isolation and lack of financial resources
- Sylvia’s pattern of threats and control
Undue Influence Factors:
- Sylvia’s control over household finances
- Interception of Dennis’s communications seeking help
- Dennis’s compromised mental state due to medication and disability
- The confidential relationship between spouses that creates heightened scrutiny
Unconscionability Analysis
The court also found the agreement unconscionable, examining the “entire atmosphere” in which it was made:
Procedural Unconscionability:
- Lack of independent counsel for Dennis
- No prior negotiation or discussion
- Concealment of the true purpose of the attorney’s visit
- Dennis’s vulnerable physical and mental condition
Substantive Unconscionability:
- The agreement would require Dennis to pay more than his entire monthly income
- Sylvia acknowledged the agreement “solely benefitted her”
- No consideration or benefit provided to Dennis
- The agreement would leave Dennis unable to support himself
Key Takeaways for Divorce Proceedings
1. Importance of Independent Legal Counsel
This case highlights why both parties should have independent legal representation when creating marital agreements. A qualified best divorce lawyer in Dallas can ensure that agreements are fair, properly disclosed, and executed voluntarily.
2. Financial Disclosure Requirements
Texas law requires fair and reasonable disclosure of each party’s financial situation. The Stankewich case demonstrates how hidden assets or a lack of financial transparency can invalidate an otherwise valid agreement.
3. Recognition of Domestic Violence Impacts
Courts increasingly recognize how domestic violence and control can affect the validity of marital agreements. If you’re experiencing domestic abuse, it’s crucial to work with a family law attorney serving Dallas who understands these dynamics.
4. Timing and Circumstances Matter
The circumstances surrounding when and how an agreement is signed are crucial. Pressure tactics, deception, or taking advantage of someone’s vulnerable condition can render an agreement unenforceable.
Protecting Your Interests in Divorce
When Considering a Marital Agreement
If you’re contemplating a prenuptial or postnuptial agreement, consider these essential factors:
- Seek Independent Counsel: Both parties should have separate attorneys
- Full Financial Disclosure: Complete transparency about assets, debts, and income
- Voluntary Execution: No pressure, threats, or deceptive circumstances
- Fair Terms: Agreements should not be so one-sided as to be unconscionable
- Proper Documentation: Clear written waivers and acknowledgments
Challenging an Existing Agreement
If you believe your marital agreement is invalid, document:
- Circumstances surrounding its execution
- Any pressure or threats made
- Your knowledge of your spouse’s finances at the time
- Whether you had independent legal counsel
- Any evidence of unfairness or coercion
Why Experience Matters in Complex Divorce Cases
The Stankewich case illustrates why you need an experienced Dallas divorce attorney who understands the nuances of marital property law. With over 25 years of experience serving Dallas, Irving, Garland, Richardson, Mesquite, and surrounding communities, I provide:
Honest Assessment: I won’t make promises I can’t keep or provide false reassurances. You’ll receive realistic evaluations based on facts and law.
Strategic Advocacy: Whether negotiating a settlement or fighting in court, I’ll be tough and strategic in protecting your interests.
Comprehensive Knowledge: Understanding Texas family law, asset division, and the factors that make agreements enforceable or invalid.
Personalized Attention: Every case is unique, and cookie-cutter approaches don’t work in complex family law matters.
Asset Division and Spousal Support Considerations
Impact on Property Division
When a postnuptial agreement is invalidated, asset division reverts to Texas community property law. This affects:
- Retirement Benefits: Military pensions, state retirement, and 401(k) accounts
- Real Property: Homes, land, and investment properties
- Business Interests: Professional practices and business ownership
- Debt Allocation: Who is responsible for marital debts
For high-asset divorces, working with a Dallas high-net-worth divorce lawyer ensures proper valuation and division of complex assets.
Spousal Support Determinations
Without a valid agreement, spousal support is determined by statutory factors, including:
- Duration of the marriage
- Each spouse’s financial resources
- Education and employment skills
- Age and health of each spouse
- Care of children
A skilled Dallas spousal support lawyer can help you understand your rights and obligations regarding ongoing financial support.
Child Custody and Support Implications
While the Stankewich case didn’t involve minor children, marital agreements often include child-related provisions. It’s important to understand that:
- Child support cannot be waived in a marital agreement
- Child custody arrangements must serve the child’s best interests
- Agreements affecting children receive heightened judicial scrutiny
If your case involves children, consult with an experienced Dallas child custody lawyer and Dallas child support attorney to protect your parental rights.
Moving Forward: Your Next Steps
Immediate Actions if You’re Considering Divorce
- Document Financial Information: Gather records of all assets, debts, and income
- Preserve Evidence: Save communications, photographs, and relevant documents
- Prioritize Safety: If domestic violence is involved, seek immediate help
- Consult an Attorney: Get professional legal advice before making major decisions
Questions to Ask Your Divorce Attorney
- What are the strengths and weaknesses of my case?
- How will Texas law apply to my specific situation?
- What are realistic expectations for asset division and support?
- How long will the process take, and what will it cost?
- What are my options for resolution (litigation vs. mediation)?
The Importance of Choosing the Right Legal Representation
The Stankewich case demonstrates that divorce law is complex and fact-specific. Courts examine the totality of circumstances, requiring attorneys to present comprehensive evidence and compelling legal arguments.
As your Dallas divorce attorney, I bring:
- 25+ years of experience in Texas family law
- Transparent pricing with no hidden fees
- Clear communication about your legal options and realistic outcomes
- Compassionate but strategic approach to protect your interests
- Extensive knowledge of Dallas County courts and procedures
I serve clients throughout the Dallas metroplex, including Irving, Garland, Richardson, Mesquite, DeSoto, Grand Prairie, Lakewood, Highland Park, Forest Hills, White Rock, North Dallas, Farmers Branch, Cockrell Hill, Lancaster, Seagoville, and Duncanville.
Whether you’re facing a contested divorce in Dallas or seeking an uncontested divorce attorney in Dallas, you need someone who will fight for your rights while providing honest guidance about what to expect.
Schedule Your Consultation Today
Don’t face divorce alone. The stakes are too high, and the law is too complex to navigate without experienced legal counsel. If you’re dealing with a disputed marital agreement, complex asset division, or any other family law matter, I’m here to help.
Contact our office today for a Dallas divorce lawyer consultation to discuss your specific situation. I’ll provide an honest assessment of your case, explain your legal options, and help you make informed decisions about your future.
Your divorce doesn’t have to define you, but how you handle it will shape your tomorrow. Let’s work together to protect your interests and secure the best possible outcome for your unique situation.
For more insights on Texas family law and divorce-related topics, visit our blog for additional resources and case analyses.
