There is no tax law that says if you file a separate return, that you have to share anything. When you file separate returns, what is on your return is yours whether it is taxes due or a refund and what is on his return is his whether it is a tax due or liability. Note, if you file a separate return, unless you meet the criteria listed below, you would not be able to claim the child tax credit.
Generally, married persons must file a joint return to claim the credit. If your filing status is married filing separately and all of the following apply, you are considered unmarried for purposes of claiming the credit on Form 2441.
- You lived apart from your spouse during the last 6 months of 2023.
- Your home was the qualifying person's main home for more than half of 2023.
- You paid more than half of the cost of keeping up that home for 2023.
However, if you file a joint return, then you are both equally liable for the taxes due on the return (unless you file a form with your return to state otherwise). On the opposite end, the refund also belongs to both of you.
If you are in a community property state, then, whether you file a joint or separate return, your refunds may be considered both of yours.
Also, please note, that any legal agreements you have may also affect this.
Taxes and Divorce
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