How do I split a tax refund legally?

Question

I am currently married and my wife and I are going to separate within a few weeks (amicable agreement). We will be receiving a refund of $5800 and one argument we have now is "who gets what".

Of the income earned, I earned 87% of our total income and my wife earned 13% of our total income. She believes that because we are still married we should split our refund 50-50, and I believe it should be split based on percentage earned (i.e. I would get 87% and she would get 13%.

I am more than willing to pay 50-50 if it is in fact the law to split it 50-50, but I feel that is unfair given the circumstances.

Please site legal references if possible.

Answer 1

you know what sir, i'm a woman but i hate thirsty greedy asss women! go to family court and ask them! better yet why dont you ask around lawyers who deal with matrimonial affairs. i am separated from my husband and he's the prick in this case. i had more than him and he tried his stuff. but i got him good. if you didn't put in the pot you're damn sure is not taken out the pot!

Answer 2

You might want to contact an attorney for the answer. As far as the IRS is concerned, once the check is sent, they do not get involved with who gets what, unless it is the case of a stolen check. State Laws would determine how this would be split. some states are community property states and require a 50/50 split. Others might allow for the income ratio. As I said check with an attormey in the state that you reside.

Answer 3

There's no law on this. It's down to whatever you negotiate.

EXCEPTION: If you live in a Community Property state, it's 50-50. Period.

Suggestion from life experience: Throw her a bone on this one. A happy ex is MUCH more tolerable than an unhappy one! You're buying a lot of peace of mind for $2,146.00 It's not like you were taking the money out of your pocket and giving it to her.

Answer 4

None. Your tax refund is yours. no longer your son's and not his father's. the only exception I even have considered is an occasional divorce decree that specifies that one discern will pay the 2d discern a definite volume from their tax refund. yet you're able to have had to comply with this and it is amazingly uncommon. Now, the subsequent question is who has the criminal spectacular to declare your son. because of the fact the custodial discern, you in many situations have the spectacular to all of the tax advantages which could be had because of the fact of your son. The exceptions to that rule are if a divorce decree signed earlier 2009 provides the father the spectacular to declare the son, then he could get the the based exemption and infant tax credit on his tax return. you're able to nonetheless doubtlessly be waiting to apply the son to declare head of family, EIC and infant are advantages, looking on whether you qualify in any different case. a similar chop up of advantages holds in case you have signed a style 8332 giving up your spectacular to the dependency exemption. the different factors like no vehicle etc at the instant are not correct. you are the custodial discern in the journey that your son slept at your place for a minimum of 183 days in the process the 12 months.

Answer 5

It's not likely a matter of law. In divorces, pretty much everything is a matter of negotiation.