Legal Question in Family Law in Michigan

Re: Joint Income tax return and divorce

Hello, I have received a copy of your question regarding tax refunds. You should discuss this matter with your attorney because there is no easy "yes or no" answer. The general rule is that property acquired during the marriage is marital property that both parties may claim. Then come the exceptions. One of them is the manner in which the parties have handled a specific asset. For example, if you had inherited some money recently due to your mother's death and you had kept that money in a separate account in only your name and had never co-mingled it with joint assets, it could be considered your sole asset.

Then comes the exception to the exception. The over-riding goal of the Court is to have a property disposition that is fair under all of the circumstances. That means that a judge could consider assets that have gone to one spouse because it was that spouse's sole asset in determining whether more or less assets should be given to the other spouse. The judge will look at all of the specifics of the parties such as age, length of marriage, relative health, incomes, and earning capacities in making that decision. In summary, "your" refund would likely be considered your sole asset and not subject to division, but that is not a guarantee. Good Luck. John C. Talpos (http://www.Mich-Lawyer.com)