Legal Question in Family Law in Pennsylvania

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.