Is an income tax refund community property or can it be all of mine sinceI am the only one with a W-2?

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Is an income tax refund community property or can it be all of mine sinceI am the only one with a W-2?

Asked on February 4, 2011 under Family Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So I am going to assume something: that you are in the process of going through a divorce (in this calendar year) or you are thinking of getting a divorce in this calendar year, correct? Even though you may be considered the only actual wage earner in the fail y ("with a W-2" as you put it) and your spouse did not earn any income that was reported (either a stay at home parent or otherwise), wages earned during a marriage are considered to be marital assets. So if the refund was based upon wages earned during your marriage then yes, it is considered community property for distribution in an action for divorce.  If you filed the taxes jointly the refund should be coming in both your names anyway so you would be committing a crime should you take it all and deposit it.  Good luck to you.


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