2007-08-01 15:52:43 · 6 answers · asked by anglecakesalfred 2 in Business & Finance ➔ Taxes ➔ United States
If you and your husband are separated, then you should probably file your taxes independent from him -- in which case, you would be entitled to your entire refund.
There's nothing saying that you have to file a joint return.
2007-08-01 16:01:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you are legally separated or divorced by December 31, you should file as single or if you have children and custody head of household. The IRS considers this situation as being divorced for the entire year.
Even if you get a court order that half of his tax refund will go to you, the IRS a federal agency will still send him his refund. And you may have to go back to court to receive it, the trick is going to be how will you know if he got a refund and how much,. This is confidential information that the IRS will not release; without his approval.
Consider the fact that the separation and divorce decree will occur probably before the Dec. 31st. This will not only affect the tax filing status, but deductions, and etc.--therefore there may not be a tax refund. The court(district court handling the divorce petition)does not have jurisdiction over the IRS code and policies.
Be careful on how you file your tax return, and hope that your husband also files correctly, you do not want to face the penalty for incorrect filing.
2007-08-02 00:14:28 · answer #2 · answered by oldcorps1947 6 · 1⤊ 0⤋
That will depend upon a number of factors that are not known at this time. Should you be divorced by that time, how your tax returns will be handled as well as the division of any refunds will be addressed in the decree. If you are not divorced and file separate returns then you'll each get your own individual refunds if any are due. It's impossible to predict what your situation will be next year.
2007-08-01 23:13:34 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Probably not. If you file a joint return, how much of any refund each of you gets is subject to negotiation between you. If you file as married filing separately, then you'd each get whatever your own return showed - the same if you are divorced by that time.
If you live in a community property state, special rules might apply.
2007-08-02 00:39:02 · answer #4 · answered by Judy 7 · 2⤊ 0⤋
That would be a yes. As long as you lived together at least 6 months of the year then yes. Same applies to if you have a child come live with you as long as they are with you for at least 6 months then you can claim them on your taxes. I guarantee he will try and fight you.
2007-08-01 22:58:04 · answer #5 · answered by Anonymous · 0⤊ 2⤋
Yes, but you may have a hard time collecting it. If the check is mailed directly to him or is directly deposited into his account your could have a real problem.
2007-08-01 23:00:30 · answer #6 · answered by thearizonapenguin 4 · 0⤊ 1⤋