Will a post-nup override need to split income equitably for tax purposes? Posted on March 30, 2011
I'm helping my ailing father with his taxes. Dad and Mom have been separated for years. Post-nup divides everything by whose name is on it (eg, Dad gets property with only his name on it; Joint names equal community property). Last year, Dad took post-nup to lawyer who said it was weak b/c they did not list specific asset details (acct #, etc). CPA doing his taxes says post-nup based upon state law never overrides federal law that requires taxable income to be split 50-50 in community property state. I think CPA is wrong, but I'm not sure b/c Post-nup is weak.
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