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Does whether (or not) a couple has filed taxes jointly in past years, affect how a post/pre-nuptial agreement is enforced?

Edison, NJ |
Filed under: Prenuptial agreement

Does whether (or not) a couple has filed taxes jointly in past years, affect how a post/pre-nuptial agreement is enforced? (Assuming the pre/post-nuptial agreement states how finances/assets are to be distributed in the event of a divorce)

Attorney Answers 3


  1. It am guessing that it should not affect the enforcement, but I really would need more facts (especially about the agreement) in order to properly answer that question.

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  2. It shouldn't.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  3. This really is not a question that can be answered accurately without reviewing all of the terms of the agreement that you have entered into. If the agreement is silent as to the income tax issue, I would guess that prior income tax filings have no bearing, but again, the Agreement needs to be reviewed in its entirety to provide accurate information and advice. As such, I recommend that you consult with an experienced Family Law attorney who can review the Agreement and advise you accordingly. The information located at the link below may also offer some additional information. Best of luck to you!

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.