Do I have to share a federal tax refund with my husband if we are separated?

UPDATED: Jul 25, 2011

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Do I have to share a federal tax refund with my husband if we are separated?

Asked on July 25, 2011 Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Do you have a written agreement with your husband concerning how the federal tax refund is to be shared? If so, its terms would control. If not, and the tax refund arose from income that both of you earned while living together before separation, it seems that your husband would be entitled to a share of the refund.

Also, in whose name or names is the federal tax refund check made out to? If the check is solely in your name, then it would appear that you alone get the refund. If the check is in your and your husband's names, then it appears that he and you share equally in the refund amount.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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