QUESTION
What rights do I have to a joint tax return that was filed by my now ex when we were separated?
Asked on Oct 07th, 2011 on Divorce - Virginia
More details to this question:
My ex and I separated in 2010 but filed federal taxes jointly. In the beginning of 2011, after the divorce was final, I received an letter from the IRS regarding the tax return. This is how I found out my ex had received our 21,000 return. The return was from my work and from credit we received when we adopted two children together. She never advised me she received it. When I asked about receiving part of the return she advised me she was not giving me any of it. I would like to know what my legal rights are to the money.
1 ANSWER
1 Award
It sounds like the tax refund is clearly marital property that should be subject to equitable distribution in a divorce. Any income that either of you earned during the marriage is marital income, so any refund of this income belongs to both of you. How it should be divided is a question for your accountant and could ultimately be up to the judge in a divorce, if you cannot settle it between the two of you. The money does not necessarily have to be given back to the person who earned it. The judge can apportion is however he or she thinks is fair.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Oct 07th, 2011 at 2:55 PM