Legal Question in Family Law in California

I have been forwarded a signed MSA from my spouse. As part of the agreement, it states that "With respect to periods during the marriage, the Parties have filed (or will file) joint federal and state income tax returns."

Does this indicate that:

1. We agree to file joint tax returns (or amend them if already filed separately) for entire period we were married?

2. What is the worse that can happen if I don't agree to do the joint tax returns once I get the judgement based on this agreement?

Please let me know if you need any more information.


Asked on 4/09/11, 9:35 am

1 Answer from Attorneys

First off, don't agree to anything you don't intend to do. Not only is that unethical and sure to lead to hassles and further strife with your ex for no good reason, failing or refusing to do what you've agreed once it is in a judgment or order of the court is contempt of court, punishable by fines and even time in the county jail.

As for what it means, yes that is what it means, you have or will file jointly for the period of the marriage. If you have not done that and/or do not want to do that, negotiate a revision to that provision.

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Answered on 4/09/11, 10:37 am


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