My Husband Won’t Share Our Tax Refund. What Can I Do?

A tax refund can feel like a financial boost, but when one spouse refuses to share it, conflict can arise. Whether the money is needed for household expenses or personal obligations, being denied access to a joint refund can create financial strain.

Understanding your rights and options is key. Legal considerations determine who controls the refund, and there are steps to take if a spouse refuses to share.

Ownership of a Joint Refund

When a couple files a joint tax return, the IRS considers both spouses equal owners of the refund, regardless of who earned the income or paid the taxes. However, how the refund is distributed depends on state laws and any prior agreements.

In community property states—such as California, Texas, and Arizona—income earned during the marriage is jointly owned, meaning the tax refund is also shared equally. In common law states, ownership is generally based on who earned the income and paid the taxes. This distinction can affect whether one spouse has a stronger claim to the refund.

The IRS does not intervene in refund disputes once the money has been issued. If the refund is deposited into a joint bank account, both spouses have access. However, if it’s deposited into an account solely owned by one spouse, the other may have difficulty retrieving their share without legal action.

Filing Status Impacts on Refund Control

How a couple files their tax return affects control over the refund. Filing jointly often results in a larger refund due to combined deductions and credits, but it also means both spouses are responsible for the entire tax liability. This shared responsibility can become an issue if one spouse refuses to share the refund.

Filing separately changes how refunds are processed. When spouses file as “Married Filing Separately,” each person is only entitled to the refund generated from their own income, deductions, and credits. This eliminates disputes over ownership but comes with drawbacks, such as losing eligibility for tax benefits like the Earned Income Tax Credit (EITC) and the American Opportunity Credit for education expenses.

Direct deposit choices also influence control. If a couple files jointly but requests the refund be deposited into an account solely owned by one spouse, the other may have no access to the funds. To prevent this, taxpayers can use IRS Form 8888 to split the refund into separate accounts, ensuring each spouse receives their portion directly.

Handling Refund Splits During Separation

When spouses separate before tax season, dividing a refund can be complicated, especially if financial tensions are already high. If a couple is still legally married on December 31 of the tax year, they can file jointly, which may lead to disputes over the refund. If the separation occurs after filing but before the refund is issued, one spouse may try to claim the entire amount.

A written agreement before filing can prevent disputes. A separation agreement or temporary financial arrangement can outline how the refund will be divided. If the couple has already filed without such an agreement, negotiating a fair split based on financial contributions and obligations may be necessary. Factors to consider include who made estimated tax payments, whose withholdings contributed more to the refund, and whether any portion of the refund stems from jointly owned deductions, such as mortgage interest or dependent-related credits.

Tax professionals can help mediate refund disputes by analyzing prior tax records and determining an equitable distribution. They can also assist in structuring future tax filings to avoid similar issues, such as adjusting withholdings or opting for separate returns in the following year. Consulting a financial advisor may also be beneficial if the refund is substantial, as improper handling could have tax implications.

Court Intervention for Unshared Refunds

Legal action may be necessary when a spouse refuses to share a tax refund, particularly if the funds were expected for shared expenses. Courts typically address these disputes within divorce or legal separation proceedings, treating tax refunds as marital assets subject to division. In equitable distribution states, judges assess financial contributions, existing obligations, and prior agreements to determine a fair allocation. Courts may order one spouse to transfer a portion of the refund or offset it against other marital assets.

If a spouse withholds the refund after a divorce petition has been filed, this may violate temporary financial restraining orders that prevent either party from misusing marital assets. In such cases, the other spouse can file a motion for enforcement, compelling the release of their share. Some courts may also impose sanctions or award legal fees if they determine that one spouse acted in bad faith by withholding the refund.

IRS Relief Options

If legal action is not an option or the dispute stems from deeper financial issues, the IRS offers relief mechanisms that may help. These options are particularly relevant when one spouse believes they should not be responsible for tax liabilities tied to the refund or when financial misconduct is involved.

Innocent Spouse Relief
This provision allows a spouse to be relieved of tax debt if their partner improperly reported income or claimed deductions without their knowledge. If the refund was reduced due to an audit or tax adjustment based on the other spouse’s actions, the innocent spouse may be able to avoid liability. To qualify, the applicant must prove they were unaware of the errors and that holding them responsible would be unfair.

Injured Spouse Allocation
If a tax refund was applied to debts solely belonging to one spouse—such as unpaid child support, defaulted student loans, or past-due federal taxes—the other spouse may file Form 8379 to claim their portion. The IRS will review the request and determine how much of the refund should be allocated to the injured spouse based on their income and tax contributions.

Equitable Relief
For situations that do not qualify under the other two categories, equitable relief may be available. This applies when a spouse faces financial hardship due to tax liabilities from a joint return. The IRS considers factors such as economic hardship, spousal abuse, and whether the requesting spouse benefited from the unpaid tax. While this relief does not guarantee a refund split, it can help prevent financial strain caused by tax debts linked to a spouse’s actions.