Divorce and Tax Refund Who Gets It?

Absolutely...they are both entitled to half of the refund and the accounts...no matter who made the most money.

Tell him to go to the bank and get copies of all the bank statements...then have him set up his own account at another bank so she can't continue to take all the money he may put in the bank.

Have him take his name off all credit cards or close all accounts that has his name on them.

Have him get copies of the tax return.

And like many others have stated he needs to make sure he documents everything, has documentation of all money and expenses and pay checks.

He has to be organized and prepared for court. And if he has an skeletons in his closet, he better talk to a lawyer immediately.

Sure he can fight for it. It is part of the marriage and becomes part the the divorce settlement.
His attorney should know this. If he kept good records he should be able to prove that 1/2 of all the money goes to him and the other 1/2 to her.
But what might happen is that she can claim that the money went to support his children and the maybe an off set in his child support instead of getting actual money.
The long and short if he does not have a good lawyer and she does he may be in big trouble. Tell you friend he needs a good lawyer, period.

M.,

I would think a divorce is 50%/50%. Your friend should ensure that he has copies of all bank statements, financial funds, assets, etc. from 3-4 months before they decided to get divorced. I think sometimes people who WANT the divorce start squirreling away money without the spouse knowing it. They are trying to "get a jump" on what's to come.

I had a similar situation with the death of my father. My brother tried to take money from his bank accounts and claim to know nothing about it. I worked with the bank to get statements from before my father died. Then I worked with the estate attorney, with EVERYTHING documented (both with the bank statements and with my own spreadsheet showing the "eligible/legitimate" expenses I knew about.) The attorney then took the spreadsheet to my brother and notified him, whatever expenses you can't substantiate, YOU are responsible for.

I think the same should be true for your friend. He should do everything he can to prove what they owned before all of this started. Then keep a spreadsheet of questionable or downright obvious abuses, then let her explain herself. I think it's very reasonable to assume that these are still "marital assets" that need to be divided equally in the eyes of the court. (Note: He should have a spreadsheet that "totals" all that he thinks he is owed. If he is honest, I think it is more likely that things will work in his favor.)

Best of luck to him.

Make sure he has proof of attempting to collect from her (certified letter, e-mail)no he said she said. Some times judges will let it go if you didn't make any attempts on your own to collect. If they have kids and they are with her sometimes a judge may not give him half. I don't know how much his 1/2 would be and I know our pride gets in the way sometimes but lawyers are expensive and you may want to way if its worth court.

He needs to get a new accout with just his name on it so she does not have access. Also when they filed the taxes the preparer could of split the money into 2 differents accounts for them. When they go to court the judge should have something to say about her behavior, and should let him have things of egual value. It all depends on the state too because some states are 50/50. I hope your friend has a lawyer, if the lawyer doesn't help him with this he needs to look for a new one that will. Tell him good luck.

Yup he is entitled to 1/2.........tell him to keep copies of everything & be VERY organized.......the courts will not be happy with her, its not worth playing games