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A Prenuptial Agreement, is a legal contract made between you and your spouse before the marriage to outline the division of property and finances, if you will divorce or one of you will die.
That agreement will not provide protection from creditors.
If you are looking for such protection - your income and assets should be clearly divided.
While you are NOT legally responsible for your spouse debts - including possible tax debts,
if you own a property jointly - that property may be levied to satisfy either spouse debt.
When filing jointly tax returns , both taxpayers are jointly and severally liable for the tax and any additions to tax, interest, or penalties that arise from the joint return even if they later divorce. Joint and several liability means that each taxpayer is legally responsible for the entire liability. Thus, both spouses on a married filing jointly return are generally held responsible for all the tax due even if one spouse earned all the income or claimed improper deductions or credits. This is also true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns.
It would be not so easy to divide income and assets because you are in California that is a community property state.
A spouse's and yours wages, earnings, and net profits from a sole proprietorship are community income and must be evenly split.
Even if you choose to file separate tax returns.
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