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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