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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 04-15-2011, 11:45 PM
NonBPD_Dad NonBPD_Dad is offline
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Default Separated in 2010 - tax return shared equally?

My ex and I separated in 2010; we'll be using December 1st as the separation date. She wants half of the combined return. If we file as separated does she have a claim to half of the net combined tax return?
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Old 04-20-2011, 06:03 PM
NonBPD_Dad NonBPD_Dad is offline
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Bump

For example: I expect a return of 3400 and she should get back 600. Net combined is 4000 and she expects to share this equally. I would then pay her 1400. My question is: does she have a legal claim to this amount? We have not yet dealt with the division of property.
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Old 04-20-2011, 06:21 PM
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There is no such thing as a "combined" return, you each have to file your own return. I'm not sure what you are referring to.

If you are using December 1 as separation date, you must indicate you are separated on your tax returns.

Your tax refund is yours, hers is hers. You can make a personal arrangement and share the money but there is no legal obligation to do so.

Frankly this is also true if you remain married, I'm not sure what you are referring to. Claiming the children's daycare/sports expenses?
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Old 04-26-2011, 01:59 PM
NonBPD_Dad NonBPD_Dad is offline
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Quote:
Originally Posted by Mess View Post
Your tax refund is yours, hers is hers. You can make a personal arrangement and share the money but there is no legal obligation to do so.
Thank you for the reply Mess. I understand the bit about filing individually; however, I guess I don't understand the 'division of property' aspect of our separation (since we have yet to cross that bridge)... So the "legal obligation" I was referring to was the Divorce Act and the 50/50 division of property - which I wasn't sure if my individual tax return would become part of the property to divide, or not, since these were taxes that I paid during the year we were still together.

Thanks again. This is helpful.
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Old 04-26-2011, 03:43 PM
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Quote:
Originally Posted by NonBPD_Dad View Post
Thank you for the reply Mess. I understand the bit about filing individually; however, I guess I don't understand the 'division of property' aspect of our separation (since we have yet to cross that bridge)... So the "legal obligation" I was referring to was the Divorce Act and the 50/50 division of property - which I wasn't sure if my individual tax return would become part of the property to divide, or not, since these were taxes that I paid during the year we were still together.

Thanks again. This is helpful.
blah blah blah, legal obligation, mine, yours, property to divide,....

Is it really that hard to grasp that since you are splitting everything you had as of December 1, 2010, that any tax refund (or debt!), should also be split equally?? Any other approach is simply playing games - really, divide by 2 - not that hard of a math question, yet some people play games.

This is how people send $$$ on lawyers arguing about obvious crap.

As Mess says, 'your tax refund is your', but only from the point of view from the CRA, not from the point of view of family law!
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Old 04-27-2011, 06:26 AM
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Regardless of the rules, it's best to settle the Itax issue with your child's other parent, especially if it will smooth things out in the future. Keep it Simple Silly.
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Old 04-27-2011, 02:40 PM
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Quote:
Originally Posted by billm View Post
Is it really that hard to grasp that since you are splitting everything you had as of December 1, 2010, that any tax refund (or debt!), should also be split equally?? Any other approach is simply playing games ...
I assure you, billm, going through a divorce is no game. It's not easy - and simply wanting to know what my legal rights are is not "playing games" either. And since I have no "$$$$" for a lawyer, I have to stoop to the level of asking a legal rights question on a support group website!
And another complication is that we were separated and living under the same roof since January 2010. But CRA uses a different definition - the 'move out' date. So this further adds to the assertion that she has no claim to my income tax return at all.

But you bring up a valid point about doing what's "fair", although you didn't use that term - and I wholeheartedly agree. I WILL do what's fair... What is fair is determined by negotiation/mediation and discussion - (which I have been doing willingly all along). I'd like to know what my alternatives are, to be an informed party in the negotiation. We have joint debts that require division when it comes to it - but in the meantime I've been burdened with servicing all the minimum payments. She makes no payments at all. If you were me wouldn't you like to use the tax return to pay down at least some of these joint debts? I sure would. My ex - no she'd like the cash to do with what she pleases. So no, it's not a game - it's a process of negotiation in the realm of separation and divorce.

You're right, the math is easy. Defining the math, the number to divide, is not easy at all.
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Old 04-27-2011, 03:18 PM
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It is easy. There should be no negotiation (except SS, that can be negotiated), unless someone wants more than half.

Assuming you both agree to split everything 50/50 and you agree on a date (you said you agreed to December 1, but then later state January - make up your mind!), then it should be easy. After that date you treat each other separately, assume a business like model for sharing costs/assets etc.

It does not matter what the CRA says.

If you think that she will not be fair, then don't give her the money up front, but agree that she gets half of everything as of date of separation that you agree on.

If she is difficult and can't get this SIMPLE concept (as many don't), then you gotta do what you gotta do to make it happen to make sure you don't end up with less than half.
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Old 04-27-2011, 05:32 PM
NonBPD_Dad NonBPD_Dad is offline
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Best advice yet for everyone on this forum: Going through a divorce is EASY! LOL. Thanks for the encouraging words I need to take your advice and assume the business-like approach.
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Old 04-27-2011, 11:22 PM
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My lawyer advised me that any money coming in after the separation date was mine, even my tax refund. Even my EcoEnergy Grant, for work done and paid for prior to separation. As he put it, I could have been audited from prior years and turn out to owe money, or the Grant program could have been cancelled, and would I then be collecting from my ex to pay for it? No.

Now, it did seem unfair to me, but I recognized my lawyer's logic, and fortunately my ex didn't make an issue out of it.
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