Legal Question in Family Law in Florida

I was involved in a major motorcycle crash May 2009. As it is now tax time, and after what my soon to be ex-wife has done during the pre-and post-recovery, I will be filing for divorce within the next month or so.

The question is simple, in reviewing W-2's I have discovered that she had no witholding from her position with the school district. In the meantime, prior to the crash, and during the short term disability pay, I had approximately $7700 in withholding, that given the medical and other expenses incurred should have most or all of that refunded.

So if I file jointly, and have IRS deposit into my separate personal account, am I subject to any legal issues regarding the divorce?

Thank You


Asked on 2/10/10, 12:19 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

As a practical matter, you'll probably get to keep all of your refund. But if she's sharp (or her lawyer is), she'll point out that the money that should have or could have been withheld from her check was marital money and was spent during the marriage. Therefore, you are responsible for it as much as she is. (The IRS usually takes the same position.) Also, since your tax refund money was earned during the marriage, she'll legally be able to claim half of the money you get back from the IRS.

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Answered on 2/15/10, 2:38 pm


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