Do I have to share a federal tax refund with my husband if we are separated?

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Do I have to share a federal tax refund with my husband if we are separated?

Asked on July 25, 2011 Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you have a written agreement with your husband concerning how the federal tax refund is to be shared? If so, its terms would control. If not, and the tax refund arose from income that both of you earned while living together before separation, it seems that your husband would be entitled to a share of the refund.

Also, in whose name or names is the federal tax refund check made out to? If the check is solely in your name, then it would appear that you alone get the refund. If the check is in your and your husband's names, then it appears that he and you share equally in the refund amount.


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