If a dissolution of your marriage has been filed, then the answer is "maybe". Whether you would be entitled to share in his income tax return will depend upon a number of other issues. First, if the income tax refund is spent on marital debt then the courts will say that you are actually benefitting from it because it's spent on marital debt (which is also divisible). Beyond that, you need to consult with an attorney to determine how much of the refund is actually divisible in the event you file for a dissolution of your marriage.
Answers given here are for general information only and do not create Ana attorney client relationship. The choice of an attorney is an important decision and should not be based on advertisement. I only am licensed in the state of Missouri. If you are seeking information in a different jurisdiction, you should seek an attorney in your jurisdiction.