TAX REFUND – MARITAL ASSET OR NOT?

Where the parties have a joint tax refund that results from a voluntarily filed joint income tax return for a tax year in which the parties were married, this refund is considered a marital asset.  As such, the refund is subject to equitable distribution between the parties or husband and wife. 

If your spouse takes the entire refund, you may seek your equitable share as part of the distribution of marital assets in your divorce.  Be sure to mention it to your attorney and it is a good idea to state that you are seeking equitable distribution of this marital asset in your divorce petition or counterpetition.