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Is my wife entitled to any of my tax returns even though we are separated?

Levittown, NY |
Filed under: Divorce

She was having an affair which caused us to separate after the first of the year. This left me without a place to live and an outstanding debt which is both of ours and she refuses to help pay back. I filed my taxes already claiming her and my daughter, and this money will get me out of debt and into my own place. She says she wants half of the return! Is she entitled to it? We cannot file for divorce Bc we do not meet the residency jurisdiction of the state we live in until another 8 months.

Attorney Answers 3

Posted

If you filed the return in both names, the refund will be issued in both names. I would recommend that you negotiate a complete agreement with your wife, if you can. While the tax refund might be a joint asset, the outstanding debt is a joint obligation. You should not be paying the debt yet giving up the refund. That you cannot file for divorce does not mean that you cannot negotiate an agreement.

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Posted

Do you have a separation agreement. If yes does it address the tax refund. if not, then whoever earned the income should receive the pro rata share of the refund. You should speak to an attorney to go over your specific situation.

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

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Posted

There is no separation agreement at all. She now lives with her mother and has absolutely no overhead. She has a job now but never worked the previous years. I am literally sleeping on a friends couch and working 6 days a week just trying to pay back a loan that her and I both took to move to NY so she could be closer to family. I also am paying her 400 a month in child support even though a court hasn't ordered me to do so, which is over the percentage rate for one child in this state. I am totally lost on what the right thing to do is!!

Howard E. Knispel

Howard E. Knispel

Posted

Without an agreemment or court order it is a tax issue. if the check comes in both names you can not sign her name to it. if she refuses to sign it unless she gets half, you will need to get a court order.

Posted

If you file a joint return she may be entitled to part of the refund. If you file seperately then she would not unless there is a divorce and then it may be marital monies.

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* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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