Legal Question in Family Law in Kentucky
Hi me and my husband has filed taxes and getting back almost 8000 and we are getting a divorce but the papers have not been signed he put it on hold and I stayed there the whole year of 2011 and he is saying I am only entitled to 40 percent we both worked and he saying I only get 1900 from her 2 dependents and we are still married no papers have been filed so I think i should get have of what it is seeing as we are still married can u answer this for me thank yoU
1 Answer from Attorneys
In Kentucky, all income earned during the marriage is presumed to be marital income to which both parties have an equal interest regardless of who actually earned it. Therefore, the presumption regarding the tax refund would be that it should be equally divided. If that were put to a judge and it was the only issue regarding division of property, the judge would most likely say it was to be split 50/50.
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