can IRS take my returns when filing jointly for student loans incurred by spouse before we were married

by worried
(Lafayette Louisiana)

I have back taxes to do and am married.... If I file married filing jointly will the IRS take my tax refunds currently due me to pay off her student loans she defaulted on years before we were married? This is a community property state and I had a prenuptial agreement with her stating her loans were not my responsibility and would be kept out of community property.

She hasn't worked since we have been married and I have been supporting her. However if I file jointly am I opening up all my assets to be garnished or seized for her debt (around 40,000.00), and will the IRS take my refunds to pay her loans. And also , If I file married filing separately after having filed jointly one or two years will they still take my returns to pay her student loans for those years that I file separately.

Reply from

We agree that you should be concerned about this, but we don't know whether filing separately will protect your tax refund. We're going to have to suggest you consult a bankruptcy attorney in your area for advice.

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