How can I recover my share of tax returns withheld by my husband for six years?

Question

My husband and I have been filing taxes separately, but the tax return is deposited into his bank account, and I don't receive any of the money. Over the past six years, he has kept the entire tax refund, and when I discuss splitting it, he refuses and says I'm not allowed to have it. We don't have any legal agreements regarding the division of tax refunds, and though we remain married, the situation feels like a control issue. Is there a way for me to recover my share of the tax returns?

James L. Arrasmith · Answer

It sounds like you're dealing with a difficult situation where your share of the tax refunds has been withheld for years. Since you and your husband file taxes separately, the tax refund typically belongs to the person whose name is on the return. However, if you were legally entitled to a portion of the refund, and your husband refuses to share it, this could be seen as an unfair situation. 
 
The first step would be to address the issue directly with your husband, clearly stating that you are entitled to a fair share of the refund. If this does not resolve the situation, you may need to consider legal action to recover your share, particularly if the funds were significant. This could involve contacting a family law attorney to explore your options, such as seeking a court order for the return of the money. 
 
If you have evidence of the tax returns and your attempts to resolve the issue, the attorney can help you take the next steps. You may also want to explore any local or state resources that could assist in family financial disputes. It’s important to act sooner rather than later to avoid the issue becoming more complicated.

Q: How can I recover my share of tax returns withheld by my husband for six years?