The simple mention of a prenuptial agreement to a soon-to-be-married individual or his or her family is likely to bring a charged reaction. For many in Texas, it seems inappropriate, at the very least, to initiate a discussion regarding the potential for the failure of a marriage before it has had the opportunity to begin. At worst, it signals the inevitable doom of the union. However, understanding exactly what a prenup is and isn't can provide some perspective.
The Tax Cuts and Jobs Act, or TCJA, may mean lower federal tax rates and a higher limit for the Alternative Minimum Tax for some individuals in Texas, but it could also make divorce more expensive for soon-to-be-exes. This is especially true if children are involved since the TCJA eliminates the value associated with personal and dependent exemptions. Alimony payments will also be considered a simple property transfer without tax consequences for either party.