Rebeck & Allen

Is my ex entitled to some of my tax refund?

In Michigan, it isn't normal for ordinary citizens like you to end up in tax court. The number one reason you might? Getting your assets, including potential tax refunds, tied up inside of the messy business that is divorce.

FindLaw takes a look at how different things can affect your taxes, including the dissolution of a marriage or divorce. People have plenty of questions when it comes to this topic. Who gets the refund? Do you legally owe your ex anything? Can they possibly take you to court to fight for a share? Is there a difference between being in the middle of a divorce or already having processed through it?

People have plenty of advice to give when it comes to divorce and taxes, too. For example, if you filed for separate marriage returns, both you and your spouse are responsible for your individual income and get the respective refund to yourself. Things can get dicey with deductions, though. Usually it's a 50-50 split, but home-related deductions and property taxes are contributed to individual purchases. This means neither of you can claim deductions if it was paid for from a joint account. Only one parent can claim a child as a dependent, too.

If a spouse is refusing to give up part of the refund because it was deposited into their account, you can either negotiate a settlement for a reduction in their assets in exchange for the money. If taxes were filed without your notice, you can file your return as Married Filing Separately (MFS) and notify the IRS that your ex filed a joint return without your permission.

In the end, the best advice you can get is that which comes from an attorney who knows your situation personally. You would therefore possibly stand to benefit from seeking one out to work with you as you move forward in the divorce proceedings.

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Rebeck & Allen

Rebeck & Allen
20750 Civic Center Drive
Suite 180
Southfield, Michigan 48076

Phone: 248-636-4232
Fax: 248-630-8914
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