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

Asked over 1 year ago - Levittown, NY

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)

  1. Jean M. Mahserjian

    Pro

    Contributor Level 14

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    Answered . 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.

  2. Howard E. Knispel

    Pro

    Contributor Level 15

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    Answered . 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... more
  3. Lawrence Allen Weinreich

    Contributor Level 18

    1

    Lawyer agrees

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

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