Can a spouse keep the entire income tax refund?

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Can a spouse keep the entire income tax refund?

My wife took the W2 and filed for our income tax refund. She then pocketed it and refused to give me any of the money.

Asked on May 17, 2011 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are together, this is really an issue of who is going to sleep on the couch! If this is an issue regarding a divorce situation wherein a divorce is not finalized, she really couldn't cash and pocket it without you endorsing it so she probably forged your signature, which is a crime unto itself. So, what you can do is talk to your divorce attorney if you have one or file a motion in court regarding a request to get the entire money since she a) forged your signature and b) took the money from you.  If your divorce is already finalized, she can be considered in contempt of the order if the order mentions anything about splitting the tax refund. 


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