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Seperation and Tax refund

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Sad Scooter

Junior Member
What is the name of your state? Oklahoma
My wife and I are seperated (not legally just phsycally) since christmas. I have all 3 children living with me (all under 6yrs) she has only seen the kids twice since then. (her choice not to see them) Anyway my question is**************.Do I have to share my tax refund check with her. She has never worked.
 


LdiJ

Senior Member
What is the name of your state? Oklahoma
My wife and I are seperated (not legally just phsycally) since christmas. I have all 3 children living with me (all under 6yrs) she has only seen the kids twice since then. (her choice not to see them) Anyway my question is**************.Do I have to share my tax refund check with her. She has never worked.
You do realize that your only choices for filing status are married filing jointly or married filing separately, and if you choose married filing separately you will end up paying a WHOLE lot more in tax? Don't even remotely think that you can file head of household status, because you cannot.

You can't file married filing jointly without your wife's cooperation.

I suggest that you run the numbers as married filing separately, and then run them again as married filing jointly. I think that you will find that sharing the refund with your wife will cost you a whole lot less than you think it will cost you. In fact, its possible that 1/2 of a joint return would be more than 100% of a married filing separately return.
 

Sad Scooter

Junior Member
Thank you so much for taking the time to respond to both his thread and the other one in the divorce section. I have ran the numbers as married filing seperatly and the numbers are good. (I make under 20,000) If I file this way, is it legal for me to keep the money for my self and my children. Or will I be required to share it when I file for divorce. Thanks again for your time.
 

Sad Scooter

Junior Member
You do realize that your only choices for filing status are married filing jointly or married filing separately, and if you choose married filing separately you will end up paying a WHOLE lot more in tax? Don't even remotely think that you can file head of household status, because you cannot.

You can't file married filing jointly without your wife's cooperation.

I suggest that you run the numbers as married filing separately, and then run them again as married filing jointly. I think that you will find that sharing the refund with your wife will cost you a whole lot less than you think it will cost you. In fact, its possible that 1/2 of a joint return would be more than 100% of a married filing separately return.
You are right... when I double checked how I had listed in turbo tax and I am better off filing as married/jointly and just sharing it with her. Maybe I can appeal to what decency she has left and convince her to take a smaller portion so I can have more for the kids. Thanks again.
 

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