I am assuming this is an IRS refund. Once refunded, state law determines who can make decisions regarding how the funds are spent. I suggest you repost your question in the family law section for your state.
If you are still together as one unit, you two will have to work out the distribution.
If you are apart and going through divorce, you have to have a divorce attorney assign a property settlement and to specifiy who gets the deductions.
Its my understanding that Illinois is not a community property state but equitable division state, and a family law judge will make an equitable division in the divorce case.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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