My husband and I are currently separated, he amended the 2010 taxes and we are receiving a large refund. The only reason I know this is because i received a notice from the IRS about it and it happened to be forwarded to my new address and not the one on the return. Am I entitled to any of this since we were married at the time the taxes were filed and the taxes were filed married filing jointly.
Estate Planning Attorney
If a dissolution of your marriage has been filed, then the answer is "maybe". Whether you would be entitled to share in his income tax return will depend upon a number of other issues. First, if the income tax refund is spent on marital debt then the courts will say that you are actually benefitting from it because it's spent on marital debt (which is also divisible). Beyond that, you need to consult with an attorney to determine how much of the refund is actually divisible in the event you file for a dissolution of your marriage.
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