Legal Question in Family Law in Massachusetts

Tax Refund

I am separated(not a legal separation) My wife does not work. I work and pay all the bills. We filed a joint tax return. Is she entitled to 1/2 of the state tax refund.And if so can I deduct 1/2 of the amount of the Federal tax I must pay


Asked on 4/13/08, 9:23 pm

2 Answers from Attorneys
Gabriel Cheong Infinity Law Group

Re: Tax Refund

There is no such thing as a legal separation in MA. With that said, since you and your wife filed a joint tax return, you are both entitled to any refund equally.

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Answered on 4/13/08, 10:15 pm

Re: Tax Refund

While you are living separately, you are not legally separated as a matter of law in MA. MA does not have legal separations. You and your wife have equal claims and equal responsibilities with respect to assets and taxes (assuming you file jointly).

If you want, you and your wife could enter into an Antenuptual Agreement with respect to support obligations and debt responsibilities. It is like a Prenuptual Agreement only it occurs after marriage.

Otherwise, you and your wife have equal right to any refunds.

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Answered on 4/14/08, 10:40 am


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