Does one ex-spose owe the other ex-spouse 1/2 of their tax refund?

UPDATED: Oct 1, 2022

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Does one ex-spose owe the other ex-spouse 1/2 of their tax refund?

A divorce was final just over a year ago. The divorce decree states the both parties receive

half of the tax refund; the refund had already been filed and received before the divorce was final. The monies received were used to pay marital debt accrued before the divorce was final. The plaintiff is now suing the defendant for 1/2 of the refund.

Asked on February 14, 2018 under Family Law, Michigan


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

Answered 4 years ago | Contributor

So your stipulation of Settlement states it was to be divided equally and you used it to pay marital debt.  What does the stip say as to debt?  Paid equally?  Did you assume the debt in the divorce?  That matters here. You violated the contract so there is a breach and they can sue.  If, however, they were to pay half of the debt and did not, speak with someone about the viability of a countersuit for half the funds paid on their behalf.  Good luck. 

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