Legal Question in Family Law in Pennsylvania
joint IRS return filed after pre-nuptual
I Have a pre-nuptual agreement which clearly states that my income is my income while my wife's income is my wife's income. If for the purposes of the IRS retun me and my wife file a joint return will that action over-ride the pre-nuptual agreement in case we have a problem in the future?
2 Answers from Attorneys
Re: joint IRS return filed after pre-nuptual
The simple answer is no. However, the way your
question is worded it only pertains to income as
opposed to property that could be considered
marital property, which is the main concern of
pre-nuptual agreements. Income itself, after
separation (not divorced yet but living separate
and appart), belongs to the respective parties
absent a support order or court ordered alimony.
Therefore, a pre-nuptual is not needed to protect
post separation income. In any case, how income
is reported in tax returns has no effect on how
income will be treated under the Divorce Code or
the common law as it relates to pre-nuptual agreements.
Re: joint IRS return filed after pre-nuptual
I do not understand what one has to do with the other. Your filing jointly is just that; it not inconsistent with yours being your and hers being hers. You are simply exercising an option under the IRS code in order avoid taxes, as opposed to evading taxes. My number is 800 273 7933.