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Why am I penalized for separating from my deadbeat husband?

Posted: Feb 12, 2014

We are not legally separated, but separated nonetheless. I was doing my taxes. He did not work one freaking minute of last year and ZERO income. I had decided not to file jointly and was trying to decide between filing head of household or married filing separately. So I decided to do my taxes all three ways (head of household, separately and jointly) just to see what the difference would be. There was a SIGNIFICANT difference between filing jointly and the other two. By significantly, I mean by filing jointly my refund will be $3,000 more. So now I'm left wondering why am I being penalized? I worked all year, he didn't! I paid taxes, he didn't! I took care of the kids, he didn't! So why would they take away a big junk of my refund just because I don't want to file jointly? And also to file jointly I have to file an injured spouse form because he owes the department of defense for uniforms he never turned in when he was discharged 5 years ago and student loans that will try to take out of the refund. So it will take longer to process my return.

I'm just venting. Obviously I am going to file jointly just to get the money and hopefully I can keep his lazy rear end away from what is rightfully mine! I'm opting for a prepaid debit card instead of a check or direct deposit because I feel it's the safest way. It will be mailed to my new address and I won't need his signature.

To the poster below asking about wedding ideas - me being the cynic that I am, don't get married. Why would you? Assume all his debt and share all your assetts. Keep everything separate and be happy. You can love each other and not have to sign a piece of paper. Keep your identity and let him have his.

The only positive to come out of my marriage was my kids and the last thing I said to my husband before I left him was - thank you for your sperm, it's the only thing you gave me that was worth a darn.

;

If you file jointly - is there any way

[ In Reply To ..]
he can get his hands on the refund before you do? Or claim that he is entitled to half of it? I know you said you were getting a prepaid debit card. The reason I ask is that many years ago,the first year after my divorce, my ex-husband showed up at the bank to sign the joint refund check and tried to pocket the whole thing and run. Dips%$#
Just be careful...and best of luck to you

separated - Effie

[ In Reply To ..]
If it were me, I would just file head of household and say I am single. The IRS is NOT going to track down your marriage/divorce papers and you might as well be single since he does not contribute.

Considerations - sm--sorry posted in wrong place

[ In Reply To ..]
I think it is time for some professional advice. You will also have long-term considerations of pension funds, 401Ks, etc. As far as the IRS not knowing something, I recently checked on my Social Security status. It was pretty shocking the information they had to verify I was who I said I was. They knew the car year and model that I drive, they knew the county I live in, the year my house was built, etc. While you are not the big frauds they like to catch, the fact that you have some life events happening may be enough to get you pulled for audit.

Effie is right - ZvilleMT

[ In Reply To ..]
but you may want to get some professional advice first. If you do go ahead and file jointly and he has student loans, they will just keep the money and apply it towards that. My hubby has around $8000 in loans and we make payments, but last year they kept our refund. While I agree they're not going to track down all your info, maybe try to find a place that will at least give you a free consult on what to do - there just has to be a better option than losing your entire refund because of him.

Good luck to you - I certainly wish you the best!!

Unless you are a conservative, even though - my favorite low information voters

[ In Reply To ..]
on the P board will disagree.

They are my canary in the mine shaft, if you get - MT52

[ In Reply To ..]
my meaning.

This has been the same law for years, you - just finding out about it now?

[ In Reply To ..]
Have done my taxes for over 40 years now and known about this. If you file jointly the check I think is made out to both of you and why do you think you can not have his signature and just cash it, because you feel he is not entitled to it? Filing jointly equals to saying he has half of the refund. You really would be ticked if you cashed it only for him to come back, perhaps bringing IRS into the picture about his not getting his refund. That might not be so good on your part. By the way, some of us are married and loving it. When we file jointly if we get money back (we file both state and federal taxes), I let him have the bigger check as he pays a lot out during the year on taxes and I pay a big fat zero. Think only fair he get the bigger share.

Excuse me, June Cleaver, but my soon to be ex does NOT work - IRS Woes

[ In Reply To ..]
does NOT pay taxes, and therefore is NOT entitled to any part of the refund.

Excuse me, with your head stuck in the sand - if you file jointly

[ In Reply To ..]
it makes NO difference if he works or not. You need to find someone to instruct you about filing taxes because seems like you are green behind the ears, meaning you don't know squat. Makes no difference if you are ignorant of the law, filing jointly means he is 100% entitled to half of the return. Care less working or not. You need some guidance. By trying to patronize me only makes you look worse because you are in the wrong.

That is correct - sm

[ In Reply To ..]
Whether he works or pays taxes or not, if you file jointly, he IS entitled to half of the refund.

Please see a qualified tax professional. If you don't know about this, you might not know about something else that can benefit you.

See - Message

[ In Reply To ..]
Dear OP:

If there is any way to get around it
(And I think there is), don't give him a dime.

Yours Truly,

-wife of a dead-beat.

That should read: Ex-wife of a deadbeat - nm

[ In Reply To ..]

Dear ex-wife of deadbeat, there is a way to - get around this

[ In Reply To ..]
and that would be to not file jointly, something she mentioned above. The only problem is - she would have more taken out if filing single and that is what she does not want. You cannot have your cake here and eat.....

Jointly- half and half

Single- she gets her's but has to pay more up front.

What is known if he owns something and they file together she can have every cent taken away if he owes more than they are getting. Catch 22 come to mind?

How am I wrong? Never did I say legally he wasn't entitled. - IRS Woes

[ In Reply To ..]
I just happen to believe personally, morally, ethically, biblically and however else you want to view it, he is NOT entitled to one thin dime I have earned or one thin dime I can squeeze out of the IRS and I will NOT give him half. PERIOD! My original post was simply to express my frustration at having to file jointly in order to get more tax breaks. June Cleaver chimed in with the condescending attitude, educating me on marriage and tax laws.

June Cleaver here again and let me tell you what happened - to me before, talked about hating something

[ In Reply To ..]
About 15 years ago married to a man who bought a house (I bought my own where we lived) so we had hers and his homes. He went thru Section 8 and rented the house out. I never had 1 penny income from the rental of his house. He was sick, eventually dying but by my filing jointly the IRS came after me and I had to pay taxes on the income HE GOT from the rental of that house that I never saw 1 red cent out of. I paid several thousands, just because of us filing jointly. If you file with your husband and he owes bills you could get left with a big fat 0. Did not matter that I hated to pay taxes on a house I never saw anything from but I still had to.

Taxes - Lee

[ In Reply To ..]
No matter who does the sweating, it is considered joint. Cut your losses and get rid of the jerk.

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