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Is my ex spouse entitled to half of my tax return that was filed while we were still married?

Martinsburg, WV |
Filed under: Sole proprietorship

I believe that my situation would be a tax law situation. I was married and filed a joint married tax return in tax year 2009. I also own a sole proprietorship business that was also filed with this return. The total return was 7253. My spouse and I agreed upon a fair and equitable distribution of the return based upon our individual salaries. We split the return between our own individual bank accounts. She received 5100 and I was to receive 2153 of the return. She received her portion in her individual account. However, I received a letter from the IRS stating they were witholding my portion because they had not received my estimated tax payment. After a long process of 10 months, I was finally able to prove to them that I did send the tax payment. After the return was filed, my spouse and I separated and were divorced in November of this year. This tax situation was not brought up in the divorce as I did not realize it would become an issue. On December 10th the IRS released the remaining 2153 of the return via check. The check was mailed to her address. The check contains both of our names. My ex spouse is now claiming that she is entitled to half of this check. I have received none of the 7253 that was to be our joint refund. I am hoping you can advise what I am in fact entitled to.

Attorney Answers 1


  1. No bank should cash that check for her without you present and she will not be able to deposit it unless there is a joint account with both your names on it. If she doesn't agree to let you have it per your previous agreement, you may need to litigate this point in family court.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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