Filing taxes separate after a mediator agreement was never signed.
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Filing taxes separate after a mediator agreement was never signed.
We are divorcing, we went to a mediator about 3 1/2 years ago , and we agree on that agreement. All the child support have been paid based on that agreement and also so many other things. Taxes were also filed separately just like the agreement was saying. The agreement was not signed because there were a few things that had to be adjusted, Because we file taxes separately does it make that agreement bound legally even if it was not signed? and has she the right to come after everything I accumulated after that agreement was drawn?
Asked on June 22, 2009 under Family Law, New York
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There are two issues you raise here. First of all, Married couples can always file separately for whatever reason whether living separate or apart so the filing of separate returns does not ratify the agreement that you had drafted but never signed. That agreement probably stated that you guys had the right to file separately or jointly as long as you remained married. The second issue however about whether she can get a share of what you accumulated after the agreement is more important. Under New York Law, any property acquired during the marriage is marital property subject to equitable distribution regardless of what name it is in until the filing of a divorce action or filing of a separation agreement. So if the separation agreement was never filed, theoretically each of you are entitled to any property te other has accumulated until a divorce is filed or the agreement signed and filed. This does not necessarily mean that she will be entitled but she certainly has a legitimate right to seek it and it will depend on a number of factors as to whether she will in fact get any part of it. You should certainly seek the advice of a matrimonial attorney in the County in which you reside to discuss your options and how to proceed from here.
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