Since you filed your income taxes jointly, any return will come in both your name and your husband's name. Do not agree to transfer your share of the return to him.
In n=New York all income earned by either spouse in a marriage is deemed a marital asset, other than the procees of a law suit or an inheritance, provided they are kept separate. It does not matter who the wage earner is. As part of the divorce, the court will divide up the marital assets and debt in an equitable manner. This is called Equitable Distribution.
You should immediately consult with an attorney so that you fully understand the concepts as well as your rights in a divorce. If you can not afford an attorney, you should contact your local Bar Association and they may be able to refer you to an attorney for a consult.
