Q: If i file separately and married , do i still have to pay tax on half my spouses income as it is considered marital income? Would a prenuptial agreement or post nuptial agreement be able to make it so that i just pay tax on what i personally earn?
A: David's Answer: A pre-nup cannot change tax liability between you & the IRS because the IRS is not a party to the pre-nup. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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