• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

taxes and divorce

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

moveintime

Junior Member
I am about to file for divorce (in Michigan), and I was wondering if I would be entitled to any of my husband's tax return money for this year. I was a stay at home mom for four years, and just recently got a job and started paying rent, so I have very little saved, and was hoping I would be entitled to at least half. If so, would I be able to ask for that from him now, or do I have to do it during the divorce? He seems to think I will be getting nothing from him, and will go to any lengths to keep it from me, including spending it all right away. What should I do? Also, being married for only four years, would I be entitled to temporary alimony/spousal support? I am basically being thrown on my own after the past few years and am trying to get on my feet, so any advice is appreciated.
 


N

nextwife

Senior Member
One's tax return belongs to the IRS. Do you mean he is getting a REFUND for overpayment of withholding?
 
LdiJ

LdiJ

Senior Member
moveintime said:
I am about to file for divorce (in Michigan), and I was wondering if I would be entitled to any of my husband's tax return money for this year. I was a stay at home mom for four years, and just recently got a job and started paying rent, so I have very little saved, and was hoping I would be entitled to at least half. If so, would I be able to ask for that from him now, or do I have to do it during the divorce? He seems to think I will be getting nothing from him, and will go to any lengths to keep it from me, including spending it all right away. What should I do? Also, being married for only four years, would I be entitled to temporary alimony/spousal support? I am basically being thrown on my own after the past few years and am trying to get on my feet, so any advice is appreciated.
Click to expand...
The tax refund would be a marital asset, so yes it would go into the pot with all of the other marital assets as part of the divorce.
 
M

mistoffolees

Senior Member
LdiJ said:
The tax refund would be a marital asset, so yes it would go into the pot with all of the other marital assets as part of the divorce.
Click to expand...
Assuming that the divorce is not final before year end (which it won't be since she's just filing now). I just wanted to clarify for anyone else who might be reading this.

As for the rest, OP may get temporary support while the divorce is pending, but she'll need to ask for it when she files for divorce. Probably not much (if at all) past the divorce date.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top