My husband and I are separating and he is telling me that since I did not work last year, "Since I did not work, I do not get anything back in taxes" is this right? We have 2 children and I've been working with them for years and homeschooling them last year. Is he being vindictive?
Country relating to Question: United States
State (if USA): Georgia
I've been trying to look it up on the internet, he has taken away my computers, until tonight. It is getting pretty bad.
Hello and thank you for choosing JustAnswer!Generally, property acquired during the marriage is considered Marital Property and is subject to equitable division in Georgia upon divorce. Since a tax refund is income returned based upon over-payment to the government and since the property was acquired during your marriage then it should be subject to distribution upon divorce.A court in Georgia will consider the following factors when considering how to equitably divide property:1. length of the marriage;2. the age, health, occupation, vocational skills, and employability of each party;3. the service contributed by each spouse to the family unit;4. the amount and sources of income, property, debts, liabilities, and needs of the parties;5. debts against the property; whether the division is instead of, or in addition to , alimony; and6. the opportunity of each spouse to earn money or acquire property in the future.You should really retain a local Family Law Attorney to assist you with protecting your rights and property interests. In your situation alimony may be a large factor and you should really retain an Attorney. Should you choose to do so, the following link will allow you to click on the area closest to you in Georgia and it will then display contact information for Family Law Attorneys near you:http://lawyers.findlaw.com/lawyer/practicestate/Family-Law/GeorgiaYou may also find the following links useful:http://www.avvo.com/legal-guides /ugc/commingled-separate-and-marital-propertyhttp://www.gadivorceonline.com/gapages/MaritalProperty/msafaq.asp#9http://www.atlantadivorceattorneyblog.com/2008/10/equitable_division_of_marital.htmlI hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.Thank you,RobertWhile of course not required, positive feedback and/or a bonus are greatly appreciated if I have been helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:http://www.justanswer.com/law/expert-askrobert/
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