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Is my spouse really entitled to half?

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btr29bro

Junior Member
What is the name of your state (only U.S. law)? MS

It is that dreadful time of year. It is the time income tax decision has to be made. Normally we file jointly because you get more of a refund (due to dependents). But, here is where the fun (not) comes into play. I work and spouse on SSD. This is just an example (not actual amount) of last three years. So let’s say we are getting $5000 back. Here is how the refund would normally be handled.

One year spouse and I did half and half – not good enough
Another year I did 3 for me and 2 for spouse – not good enough
Next year spouse wanted some bills paid off. Paid off $2000 worth of debt and put $3000 in emergency savings - not good enough. Thankfully we had that money (savings) because our vehicles kept getting us.

So I just don’t know what to do this year because either way spouse is not going to be happy. As soon as SSD statement came, it was hidden. Then got upset because the teen’s portion of SSD and statements came to me.

So I know a headache is too come. Therefore, I considered not filing at all (but hear there is a penalty) or to file married filing separate and just take my little $1000 and call it a day. However, our daughter plans to start a job this year. She will need a good, used ride.

So I was hoping someone/anyone could shed light on how we can handle this tax refund? Remove the headache and the fight. We are in MS. We are separated for three months now. I read on here that if we end up divorce the court will force half and half.
 
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FlyingRon

Senior Member
This is not a legal question. Legally, you're married and the money belongs to the both of you in the marital estate.
How you budget the money is outside the purview of the law. I might suggest a marriage counselor if this is causing you angst.
 

not2cleverRed

Obvious Observer
This is not a legal question. Legally, you're married and the money belongs to the both of you in the marital estate.
How you budget the money is outside the purview of the law. I might suggest a marriage counselor if this is causing you angst.
You are far more polite than me.

OP should realize that marital debt gets split as well... And that he should tread lightly describing his spouse as "non-working spouse", because depending on the nature of her situation, he could come off as a bit callous focusing on such terms.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? MS

It is that dreadful time of year. It is the time income tax decision has to be made. Normally we file jointly because you get more of a refund (due to dependents). But, here is where the fun (not) comes into play. I work and spouse on SSD. This is just an example (not actual amount) of last three years. So let’s say we are getting $5000 back. Here is how the refund would normally be handled.

One year spouse and I did half and half – not good enough (non-working spouse)
Another year I did 3 for me and 2 for spouse – not good enough (non-working spouse).
Next year spouse wanted some bills paid off. Paid off $2000 worth of debt and put $3000 in emergency savings - not good enough (non-working spouse). Thankfully we had that money (savings) because our vehicles kept getting us.

So I just don’t know what to do this year because either way non-working spouse is not going to be happy. As soon as non-working spouse SSD statement came, it was taken back to where they live. Then non-working spouse got pissed because the teen’s portion of SSD and statement came to me.

So I know a headache is too come. Therefore, I considered not filing at all (but hear there is a penalty) or to file married filing separate and just take my little $1000 and call it a day. However, our daughter plans to start a job this year. She will need a good, used ride.

So I was hoping someone/anyone could shed light on how we can handle this tax refund? Remove the headache and the fight. We are in MS. We are separated for three months now. I read on here that if we end up divorce the court will force half and half.
The money belongs 100% to both of you. It doesn't matter who is working and who isn't. It would be extremely petty and foolish of you to throw money away by filing separately.
 

FlyingRon

Senior Member
The money belongs 100% to both of you. It doesn't matter who is working and who isn't. It would be extremely petty and foolish of you to throw money away by filing separately.
And "filing separately" wouldn't resolve the problems he's worried about.
 

btr29bro

Junior Member
I apologize for being disrespectful in my post. Was not my intention but now that I've re-read.

I understand debts and refunds belong 100% to both of us.

So I wonder if the entire amount can be spent to pay off more marital debt. Do you think if we divorced that would satisfy the courts or should I wait?
 

LdiJ

Senior Member
I apologize for being disrespectful in my post. Was not my intention but now that I've re-read.

I understand debts and refunds belong 100% to both of us.

So I wonder if the entire amount can be spent to pay off more marital debt. Do you think if we divorced that would satisfy the courts or should I wait?
If you paid off more marital debt that probably would be fine. However, if your wife has other plans for the money it might make things more complicated for you as well.
 

HRZ

Senior Member
Technically MS is equitable distribution ...but 50/50 may be more practical than long debates.

Reduce your withholding so taxes are not being overpaid ...going forward ..

ID be real nervous about things you didn't mention like joint accounts and credit cards if any ...and just who left the marital home ...until I got some sound legal advice ....
 

LdiJ

Senior Member
Technically MS is equitable distribution ...but 50/50 may be more practical than long debates.

Reduce your withholding so taxes are not being overpaid ...going forward ..

ID be real nervous about things you didn't mention like joint accounts and credit cards if any ...and just who left the marital home ...until I got some sound legal advice ....
There are many people with children who CANNOT reduce their withholding to avoid big refunds. Their refunds are coming from the Earned Income Tax Credit and the Additional Child Tax Credit therefore there is little to nothing to reduce.
 

btr29bro

Junior Member
Yes, I have done all the reducing that I can. And MS does not offer legal separation.

I will consult with an attorney.

Thanks to those who commented.
 

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