Are there any drawbacks for a couple who has a Prenuptual agreement to file as MFJ? There is nothing in the prenup that restricts them filing jointly.

4 replies
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The husband and wife are California residents and the spouse with the assets wants to make sure that filing jointly does not lead to any asset attachment.

Lacerte Tax

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sjrcpaAnswer

Level 15

If they don't pay the taxes on the joint return it would lead to asset attachment. Otherwise, no it won't.

The more I know the more I don’t know.

sjrcpaAnswer

Level 15

If they don't pay the taxes on the joint return it would lead to asset attachment. Otherwise, no it won't.

The more I know the more I don’t know.

IRonMaN

Level 15

"and the spouse with the assets wants to make sure that filing jointly does not lead to any asset attachment"

Sounds like true love. Did they get married on Valentines Day?

Slava Ukraini!

itonewbie

Level 15

That's what my wife says about prenup.

---------------------------------------------------------------------------------Still an AllStar

itonewbie

Level 15

Agree with Susan.

Also, CA recognizes not only prenup but also post-nup: https://www.ftb.ca.gov/individuals/faq/ivr/221.shtml

---------------------------------------------------------------------------------Still an AllStar

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