Dividing Tax Refund Check Received After Divorce

divorce lawyer Jordan RapoffQuestion:

I just received my 2011 tax refund check that was made out to my ex-wife and I because we were married at the time.

Do I owe her half of this tax refund that was earned while we were still married even though we are now divorced?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.

It’s possible that your 2011 tax refund is considered a marital asset if you and your ex-wife knew about the refund prior to the final decree of dissolution.

I would recommend that you review your Marital Separation Agreement and final judgment.

There could be language indicating that the refund is to be split equally once received or a “catch-all” clause stating that any marital assets discovered after the final decree will be split equally.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri Divorce Lawyer Jordan A. Rapoff, contact Cordell & Cordell.

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One comment on “Dividing Tax Refund Check Received After Divorce

    dividing tax refund
    All things being equal and dealing with an Ex who is fair, I could see a 50/50 split. But to come home to an empty house, bills in-arrears, child-related costs not being reimbursed up to their 50 percent of responsibility – all bets are off! I used the money I “knew” I wouldn’t get from the Ex to pay off and replace that which was unfairly moved out of the marital residence. I only wish everyone operated with a conscience – newsflash, not everyone does. Case-in-point. I never knew my former “best friend,” my wife, the Mother of my children would be so resistant to paying her fair share of responsibility and so willing to eat her young if she could get away with it!

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