Legal Question in Family Law in California

Tax liability and any liability is typically the responsibility of the married couple. You would most likely be responsible for the tax bill along with your husband.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

Your wife is right as far as the tax man is concerned. If she files married filing separately, she would not have to pay the tax. The problem for her is that there are specific provisions in California Family Law that prevent her from receiving the benefit of the income and then dodging her share of the tax. So this is one of those situations where determining the date of separation with intent not to continue or resume the marital relationship becomes key. You say you were married all of 2008, but not if you were together or separated. The answer to your question will hinge on that.