My fiancée and I are planning to get a prenuptial agreement to keep both our pre- and post-marital income separate.
Since Texas is a community property state, we would normally be expected to split our income 50/50 for tax purposes, even if we filed separately.
Now for the questions:
1) With the prenup, would we be allowed to keep our income separate when filing separately?
2) If so, would we have to notify the IRS of our special circumstances? Could we still e-file?
3) If we eventually decided to file taxes jointly, could this be considered commingling and affect the validity of the prenup, or can taxes be filed jointly without affecting the separation of the actual income for property division purposes?
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