My spouse and I filed joined tax return. How do I get my share? My spouse doesn't seem to intend to give it to me.

Business 2 views 3 answers
I am an immigrant. This was my first tax return ever and it was good we filed it together. There is a reason. But we have a prenuptial agreement that my spouse imposed on me very shortly before we got married, and according to which nothing of my spouse's property or money belongs or to me and visa versa. But now my spouse is not even willing to answer my question about how much I am supposed to get back. I earn very little and receive no allowance from my spouse. I even thought that my spouse might be using me and my child being dependents for my spouse's benefit. But there are no benefits for me or my child as foreseen by my spouses agreement with the government (Afidavit of support). Thus I want at least my tax return money back.

Attorney Answers

3
Henry Daniel LivelyTax LawyerNewport Beach, CA ·
This goes beyond a simple tax question. I suggest you seek the counsel of a family law attorney to discuss the issues that you have here. First, a prenuptial agreement that is forced upon you, especially if you did not have an attorney review it on your behalf, may not be valid. You can also file as married filing separately in the future to completely eliminate this issue in the future.
0 upvotes
Eliz Johnson ·
There may also be an immigration issue. Did you marry for citizenship? Why is your status as an immigrant relevant to your signing a prenuptial agreement. A family law attorney should be sought to be sure because this question is rich with regret for having married into the deal you agreed to. Why do you feel you should get half of the joint refund when you contributed "little" to the joint income. You question reeks of entitlement without contribution. Is it just because you came to the marriage with a child and you see that as only a tax benefit in your marriage? Whatever the issues, you need to take these concerns to an attorney in Montana who does family law. If this is not the deal you wanted after all, perhaps you can discuss divorce along with your tax concerns.
0 upvotes
Robert Suhajda ·
Determine what your refund was supposed to be then demand payment in writing and sue him in small claims court. Please consult a divorce attorney.
0 upvotes

People Also Asked