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Filed income taxes separately during separation. I owed taxes and he received a refund.

Charlotte, NC |

I am currently going through a divorce. My husband and I separated December 28th, 2011. He decided he wanted to file separate tax returns for the 2011 year, so we did. He received a refund. I had to pay taxes. Am I entitled to part of the refund he received and is he responsible for the money that I owed since we shared income the entire 2011 year, with the exception of the last 3 days of the year?

Attorney Answers 3


Since this was done voluntarily, you are unfortunately neither entitled to part of his refund nor is he responsible for your tax liability. I am answering this question purely from the perspective of federal tax. You might consider speaking with the attorney handling your divorce about whether you are entitled to some contribution from your husband for this in the divorce proceeding.

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That would be an issue for your divorce judge to make as part of the division of property and debts through your divorce. The IRS has no interest in your marital issues. Hope this perspective helps!

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Raise the issue during the dissolution hearing and allow the court to make the decision if you are unable to work something out with him.

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