My soon to be ex-husband filed our taxes for 2023, were separated and he won’t give me my part of the jointly filed taxes, what do I do?

[NCperson]

you can go to the IRS website and review the transcript. 

https://www.irs.gov/individuals/get-transcript

Did you not review / sign the tax return before it was filed?  that would be a form of fraud if he failed to show it to you for your review and approval prior to filing. 

[mesquitebean]

@70a11cff3159   wrote:  "he won’t give me my part of the jointly filed taxes..."

Please clarify what "won't give me my part" means.   Are you saying he won't give you a copy of the filed tax return, or are you saying he kept all of the tax refund (if applicable) and won't give you any of the funds?   Perhaps the answer is both.

[70a11cff3159]

Yes he kept the funds and I have no paper or electronic copy of the taxes either 

[Opus 17]

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@70a11cff3159 wrote:

Yes he kept the funds and I have no paper or electronic copy of the taxes either 

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Your best option is to take it up with your divorce attorney.

Technically, if you did not agree to e-file a joint return, you can accuse your spouse of fraud.  You could also file now a return as married filing separately.  You would have to file by mail, you would have to sign an attestation of fraud, and your refund might be much lower than you expect because when filing MFS, many deductions and credits are reduced or disallowed.  When the IRS processes the separate return, they will ask for proof that you did not consent to e-file your joint return together, which might be hard to prove.  

You should be able to create an IRS account in your own name and download a transcript of your return, which would be proof of what he filed.  

https://www.irs.gov/individuals/get-transcript

But really, the best thing to do, presuming you have an attorney to handle the divorce, is to let them deal with this.  The money you are owed can be part of any property settlement.  If your divorce ends up before a judge, they are not going to approve of this type of shenanigans, and your spouse's attorney will know that, so I think they would be motivated to work something out. 

[Mike9241]

if you mean your soon to be ex won't give you the portion of the joint refund that you believe is yours, then:

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did you consent to file a joint return?

If your spouse files a joint federal tax return without your consent, it’s considered fraud. The penalties can be severe, ranging from large fines to potential jail time. Here’s what you can do:

a) Seek Legal Advice consult your attorney
b) You can sue in family court to get your portion of the refund. 3)
c) Report to IRS: You can also file a report with the IRS, although their response may vary. If needed, file your own return. the IRS will conduct an audit to resolve the situation
Remember, it’s essential to address this promptly to protect your rights and financial interests.

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if you did consent you may be eligible for injured spouse relief if your portion of the refund was taken to pay debts that were owed solely by your ex.

https://www.irs.gov/forms-pubs/about-form-8379 

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if neither is the case there is nothing the IRS will do. consult your divorce lawyer