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How much of my tax return is my soon to be (ex) wife entitled to?

New Orleans, LA |

My wife filed for divorce in May of 2013 and we are currently still separated. She did not work at all during 2013. According to our lawyers, community property/finances ended on the date she filed for divorce. Meaning any money I earned or furniture I bought after the day she filed is not "community" but mine and mine alone. The same goes for her. My question is she entitled to half of the entire return? Or half of the wages earned from the start of the year till the day she filed? And would it make a difference if we file jointly or separately? Thanks.

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Attorney answers 2


This is going to depend on whether you go to Court and argue the case or if you settle. I would argue that you should be entitled to all of the tax refund if you were the only one who worked. How did you file -- married filing separately? Did you say you are represented by counsel? If so, you should seek his advice. Good luck.


Louisiana has some weird laws, but in Texas at least you are married until the day the decree is signed, so properties accumulated are still community (unless explicitly made separate and backed up with clear & convincing evidence) - regardless of that, the refund often becomes a significant poker chip in negotiation and mediations, depending on what else is on the table. If you are represented by counsel it is likely already something that is part of the game plan on how to zealously represent your interests.

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