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Mink M | My husband and I live in Oklahoma. We are separating and I was wondering about our income tax refund this year? |
He is the one who works, when he files his taxes and gets his refund does he have to give me part of the refund? We will still be married just separated. We plan on getting divorced in a few months. |
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Charles G
 |
This type of question is completely between the two of you.
If you file a joint return, you could make the case, especially if the return is greater for the joint return.
He could force the issue, however, by filing married filing separate. Then he will get the whole thing.
To file a joint return requires the decision of both parties. Either could opt out of it. |
|

growing inside
 |
That depends on your divorce settlement. |
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Mathew
|
If he is the only one with income he may be in the drivers seat with regard to how he files his tax return. If you have no income you can file with him on a MFJ return but will have no separate return to file. If you do file a MFJ return you could direct the refund to two separate checking or savings accounts. If the refund comes in a check it will be made to both of you. Legally both of you would need to sign the check but the IRS will have little interest if he were to sign your name. You best protection would be through the divorce court. |
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Judy1
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Any split of a tax refund is subject to negotiation between you. There is no law specifying a division, and the IRS won't get involved. You'll be able to file a joint return if you want to, since you'll still be married, or he can file separately. |
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stephenweinstein
|
If he files separately, the tax laws do not require him to give you any of the refund. However, when you do divorce, the divorce court may require him to give you some or all of it. |
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v b
 |
If he's the only one who worked, he's really got control in this issue. If the two of you file MFJ and there is a refund, you can ask the courts to award you some of the money. The IRS will NOT get involved with the cashing of the refund check. |
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Jss
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Your husband can only file as married filing jointly or married filing separately. If he files joint return, his tax refund should normally be higher than if he files separate tax return.
On the joint return, he needs your signature. |
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cool 2
 |
You should consult tax specialist.
By the way you are separating |
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wartz
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You get a better deal on taxes by filing jointly. You can have a refund deposited to more than one bank account. Make a deal with him: Figure the refunds he would get by filing separately and filing jointly and split the difference with him. |
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r_kav
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If you can talk him into it, open a bank account in your name only, and file form 8888 with the return. On that form you and he can stipulate that the refund be split, and direct deposited to 2 separate accounts. |
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iltmaemc
|
go speak to a tax specialist CPA
Also suggest you do not use a lawyer for the divorce.
Lawyers will suck a lot of money out of you two , that should be divided equally 50/50 between the two of you.
be civil to each other.so that you both can move on with out anguish
and more money in both of your pockets. |
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