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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2448
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I'm getting divorced and my wife is getting half my pension.

Customer Question

I'm getting divorced and my wife is getting half my pension. My question is this. My pension is $2,200 a month, we aren't divorced yet, so If I start having the IRS take out a lot more taxes obviously both are checks will be smaller. At the end of the year there will obviously be a tax refund, do I get to keep that after were divorced because its no longer considered community property.
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Submitted: 1 year ago.
Category: Family Law
Expert:  bkb1956 replied 1 year ago.

Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

If you are divorced by 12/31/16, you will use the single filing status when you file your tax return rather than married filing jointly or married filing separately. Any refund you are entitled to when you file your tax return as single will belong to you.

Please keep in mind, however, that the tax rate for single is higher than for married filing jointly, and your refund may not be as much as you think it will be.

Please let me know if I can assist you further.

Thank you and best regards,


Customer: replied 1 year ago.
I'm not interested in our tax filling we've done that already. My question is, a quadro attorney set up my pension to have it split up and sent out separately. But this only starts after the divorce, so if I go in and change my tax withholdings from my pension obviously both our checks will be significantly less then, but at the end of the year there is going to be a refund. Since its my pension do I get the refund?
Expert:  bkb1956 replied 1 year ago.

It appears that your question should be answered by a family law attorney regarding whether you can change your tax withholding amount since it will affect your ex's distribution amount.

I will request customer service to move your question to the family law category.

Best regards,


Expert:  S. Kincaid replied 1 year ago.

Are you in the U.S.? What kind of pension is this that is taxable while you are earning it?