Third Economic impact payment married filing separately now

[amygar68]

For the year 2020 my husband and I filed married filing jointly. We separated at the end of the year and have spent all of 2021 in separate homes. I have had full custody of our two girls and while they visit once or twice a week sometimes they never spend the night. For that reason I am filing married, filing separately as head of household and claiming both the girls. I've got it all done but I'm trying to figure out how to get it to come out right. Turbo tax says based on this I should have received 4,200 of the 5,600.00 Economic Impact Payment.  It's based on 2020 taxes and my statement says that I only received 2,800 which is the info it's asking me to enter. It's actually true because when it was deposited we agree to split it 50/50. My ex's statement says that he received 2,800, also. 

Problem is that turbo tax is adding 1400 more to my refund even though my family has received the full and correct amount. I'm assuming that when he files it's going to say he was overpaid 1400 but apparently you don't have to pay back overpayments so I'm guessing that won't matter. I don't want to get overpaid but I'm not sure how to make it so I don't. Does anybody know what I should do? 

[DanP0428]

It is the way the law is written.  You will get the additional money and he will not have to pay it back.  I wondered if they would change that law but it is still in effect.

[JillS56]

The proper way to report the third stimulus payment would be to report that you received $4,200 and your husband report that he received $1,400.   Essentially that is what you received.   The letters were simply telling you what the IRS showed for your family unit and on a married filing joint return, they simply split them evenly between the husband and wife in the letters that were sent out.   The fact that you are now separated does not matter since you know the correct amount was received.  You should report this correctly.   The IRS will verify by social security number what was paid.   If you try to claim the $1,400 the IRS will deduct this from any refund you are to receive.  If there is a change in your filing and/or marital status for the tax year 2021 from how you filed and/or marital status for the tax year 2020 and you know that the funds were received whether, by you or your husband, you must report as received. You indicated that the correct amount was received and that you split this equally between the two of you.    As I said above, you should report that you received the $4,200, and your husband reports that he received $1,400.