Do I need to split my tax refund with my ex-spouse after winning a tax court case?

So I'm in a tough spot with taxes and my ex. Back in 2020 when we were still married, I messed up on our joint return. The IRS claimed we owed $17k in taxes. I knew this was wrong and wanted to fight it through tax court. My ex thought this was a waste of time and refused to sign the petition, saying I was being ridiculous about the whole thing. She went ahead and paid the IRS the full amount from our joint savings account. Fast forward to now - I just won my case against the IRS! The tax court ruled in my favor and I'm getting that $17k refunded. Here's the thing though - my ex and I are in the middle of a messy situation where she's holding onto around $400k of assets that I believe are rightfully mine. We're still sorting that out separately. The tax court petition was only in my name since she refused to sign it. The refund check will be coming to me directly. Am I legally obligated to split this tax refund with her even though she didn't participate in the tax court case? I plan to share it eventually once our other financial issues are resolved, but honestly, any small leverage would help my situation right now.

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18 comments

Oliver Brown

•8M

I've seen this situation several times before. The answer depends on a few things. Since this was for a tax year when you were married filing jointly, you both were technically liable for the taxes, and you both technically have rights to any refund from that tax year. Even though only your name is on the tax court petition, the refund relates to a joint tax liability that was paid from joint funds. In most cases, yes, the refund would legally need to be split between both parties who filed the original joint return. That said, if you're in the midst of divorce proceedings and there are other financial matters being disputed ($400k is significant), you should definitely consult with your divorce attorney before doing anything with this refund. They might advise you to hold the funds in escrow until all financial matters are resolved, or they might be able to use this as a negotiating point in the larger settlement.

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Oliver Brown

•8M

The fact that she refused to participate in the tax court case doesn't necessarily negate her claim to the refund. The key factors are that: 1) it was a joint return, 2) the tax was paid from joint funds, and 3) the refund relates to that joint tax liability. Even with a finalized divorce, financial entanglements from when you were married can still be subject to division. Your divorce decree might actually address how tax refunds from joint returns should be handled. I'd strongly recommend reviewing your divorce agreement and consulting with your attorney before making any decisions about this refund.

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Mary Bates

•8M

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Mary Bates

•8M

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Clay blendedgen

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Lorenzo McCormick

•8M

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Kai Santiago

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Lim Wong

•8M

Check your divorce decree! Mine specifically stated how tax refunds or liabilities from joint returns would be handled even after the divorce was final. The language in that legal document will likely override general tax guidance. Also, in my state, money used to pay a marital debt (which the incorrectly assessed tax was) that comes back as a refund is typically considered marital property subject to division, regardless of whose name is on the court case. But this varies a lot by state.

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Lim Wong

•8M

While it seems unfair, her refusal to participate in the tax court case typically wouldn't eliminate her right to part of the refund. Courts generally look at the source of the funds used to pay the original tax bill (joint savings in your case) rather than who pursued getting it back. Think of it this way - if you had a joint debt that she paid from joint funds, and later you discovered an error and got a refund, the nature of the original payment (joint funds for a joint liability) usually determines how courts view the refund. Your efforts to secure the refund might entitle you to compensation for your time and costs, but the underlying refund typically remains jointly owned if it came from a joint return paid with joint funds.

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