Legal Question in Family Law in Mississippi

Re: taxes

apparently, there was not a meeting of the minds when the pre-nup was signed.

No, I would not guess that is what it means. It could mean that you and he file a joint return and if his property produced 75% of the income tax then he pays 75% of the tax from his property. But then this is only a guess.

Re: taxes

I believe that �separate property� in this case would be property accumulated prior to the marriage or inherited. Most likely, in this pre-nuptial, there is a section that is just definitions. The term �separate property� should be defined as it applies to this document in that section. Normally, any property accumulated during a marriage is �marital property� and property acquired prior to the marriage or inherited would be �separate property.� For example, if you owned a piece of real estate prior to your marriage, you would be responsible for any property tax or if you sold it, you would be responsible for any capital gains tax per the pre-nuptial agreement.

I would certainly hope you will not file separate state and federal taxes. If you do, you can both expect to pay substantially higher income taxes. I don�t believe this was the intended purpose of the pre-nuptial, but I would urge you to have an attorney (other than the one who drew it up) look over the document before you make any decisions.