Am I entitled to half of my spouses tax refund if we are in the middle of a divorce?

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Am I entitled to half of my spouses tax refund if we are in the middle of a divorce?

Asked on March 1, 2012 under Family Law, Utah

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If that tax refund represents the time period income was earned and tax deductions and credits were earned while you were married and not separated, then yes, you would be entitled to half of that refund if not more if you live in an equitable distribution state and you have other expenses that offset it. Talk with your divorce attorney or mediator about the allocation of such monies and any off-setting that may need to occur.


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