We got married in November 2015, separated February 2016. I get social security disability which is 1,288.00 a month. I never was required to file taxes. But in 2016 and 2017 he filed jointly. He was able to claim his son this year. I found out he got back 4864.00 and was deposited into his account on February 23rd. Sincerely Barbara.
This is something you would need to address with the court in your divorce proceeding. This is something that can, and likely should, be taken into account in negotiating a property settlement or requesting a court order regarding the distribution of assets.
Please note this information is general in nature and based solely on the information you have provided. This does not constitute specific legal advice.
Income earned during a marriage, even while separated and in the process of divorce, is still marital in nature and subject to an equitable division in Kentucky. The Court can order that the income received from the tax return be divided equitably (usually equal). You should contact a divorce attorney to have a motion filed for this division of the taxes.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline