Leming, TX Divorce Law Firms & Lawyers

The question of spousal maintenance is fact intensive, and you do not provide sufficient information for a meaningful answer. You should consult with an experienced family law attorney in your area to discuss this questions and the other issues involved in a dissolution matter.

In that you were induced into signing the prenup under fraudulent circumstances, the prenup is probably not valid. You should send him a writing telling him that you no longer consider the prenup to be valid. Upon divorce the Texas court can divide all the parties' properties. Sometimes an additional action is required in another jurisdiction to give the Texas Order full faith and credit and/or foreign recognition.

Yes, a spouse can sign a power of attorney authorizing someone else to take care of any matters the spouse could personally do, as long as they mentally competent, regardless of whether they are incarcerated or not.  A spouse does not have "a right to everything" if the other spouse is incarcerated.  Spouses often own community property which is subject to their joint control.  A spouse signing a power of attorney does not negate the other spouse's rights with respect to joint management community property.  Spouses often also own property that is one spouse's separate property or is the sole management community property of one spouse.  A power of attorney signed by a spouse can give the attorney-in-fact named in the POA the authority to control the separate property and the sole management community property of the spouse that signed the POA.