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How much of the income tax refund is my wife entitled to?

Lancaster, PA |

My wife of 9 years, kicked me out of our townhouse rental in June 2011. We have 4 children and I have paid half of her rent plus my own since then since I was on the lease....She has been unfaithful multiple times and doesnt work. She hasnt paid her half of the rent, so she is getting evicted, however I reached an agreement with a landlord to avoid eviction but still forcing her to move. She demands the refund is hers even though I have supported her and our children through my paycheck. She wants the money for plastic surgery, and I say it should be used to meet the landlord's agreement and then split the refund remaining after our children's needs are first met?

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Attorney answers 2


You need to talk to a divorce attorney, fast.

Generally speaking, your non-working spouse is entitled to support and half of all marital assets (things purchased or saved during the marriage), however, in your case you could possibly have an advantage in a divorce due to her behavior.

With regard to a tax refund, the assumption is that it is marital property, so generally it is split. If you paid the landlord and for the kids' needs with her share, I doubt you would get much problem from a divorce judge.

Get an attorney, NOW.

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It would be considered marital property and therefore to be "equitably divided" like everything else. I'm not sure how she demands it is all hers. If you use it for marital debt arguably that would be acceptable as well. I would talk with an attorney.