Legal Question in Tax Law in Mississippi

my wife and i are legally divorced in 2012. we were separated but still married in 2011. my wife withdrew all of her 401K and spent the money in 2011 and is expecting me to pay the penalty and taxes on our 2011 return even though i did not know she had cashed out. how do i file and am i going to be liabel the tax debit? there was a clause in the divorse papers that we were to file jointly but i did not know the 401k was cashed out.


Asked on 4/12/12, 1:22 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

In lieu of filing a Joint Return with your spouse why don't you file "Married filing separately" and in that case you would not need to report any of the income from her action in cashing out her retirement account. She would be 100% responsible for all penalties and taxes.

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Answered on 4/16/12, 10:47 am


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