I filed for divorce in October of 2010, the divorce is still pending (July 2011). Up until October 2010, my entire paycheck was given to my spouse for living (mortgage, insurance, bills, food, clothing, etc.). I was given $10 a week allowance for any outside expenses. I had the minimal amount of taxes withheld and spouse had the maximum. Spouse has gone and filed married filing separate. Spouse received a huge return. In my filing - I am left owing a massive amount of money. Is this legal?
Divorce / Separation Lawyer
Yes, it is legal. When filing your tax return you can legally file joint, provided both agree, or file married filing separate.
However, the rules regarding how to file under the IRS code is really not the issue. The real question is the equitable division of the assets and debts of the marriage. The divorce court can make adjustment for the marital funds that were deposited under his social security number as opposed to the funds deposited under your social security number. Make certain that your attorney understands that these funds were deposited inequitably and that an adjustment should be made at the final hearing.
I agree with the prior attorney. Since he filed MFS, you had no choice but to do likewise. The disproportionate sharing of taxes due must be equalized via your divorce settlement agreement.
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You are entitled to file your return as married filing separate. Hoqwever, your focus should be on the split up of the marital property. It appears that the husband may have taken a greater share and your attorney can pursue this issue. Hope this is helpful.
This answer is not legal advice.and does not constitute tax advice. This answer does not provide advice related to tax shelters. Consult an attorney for legal or tax advice.