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Richard
Richard, Attorney
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Experience:  Attorney with 29 years of experience.
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Can a prenuptial protect me from my fiances past debt with

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Can a prenuptial protect me from my fiance's past debt with IRS? He has not filed for a few years.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. Yes, a prenuptial agreement will help protect you. But, you will want to also do a few additional things. In addition, however, you will want to avoid having any joint accounts or marital property in both names. You will also want to file your tax returns as married filing separately. As long as you follow the foregoing safeguards, none of your assets will be put at risk for your fiance's tax debts.



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Richard, Attorney
Category: Legal
Satisfied Customers: 54014
Experience: Attorney with 29 years of experience.
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Thank you for your post. A different contributor here. I happen to be a family law professional which is not one of the specializations of the previous professional.

The reason I am posting is because I politely disagree with some of the information that was provided to you.

A prenuptial agreement CANNOT protect from the IRS. The reason is because the IRS is not a signatory to the agreement. What a prenuptial agreement does is simply allow you to file suit against your future spouse for any debts or obligations that the IRS may collect from you when they are attempting to collect the debt that your spouse may owe. Any growth in debt once married could be considered 'marital' and could be pursued against you. I do agree that keeping assets separate makes it far harder for the IRS to pursue you, but past debt, if it keeps growing, can become marital especially if you move or change your location to a community property state (Connecticut is not, which favors you). I wanted to be sure that you were very aware of what a prenup can and cannot do, so that you can make the best decision for yourself going forward.

Sincerely,


Dimitry, Esq.

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