Taxes and Divorce

[Forestaken]

In the past, I have completed the income taxes for my s2bx and myself.  Joint accounts.  Last year, she changed the address on her inheritance account (in both names) to where she is living. As a result, I know I will not be receiving any tax info about this account. 

Question: Since our divorce is not finalized, how to file (status) and how to handle the missing information?

[Peaceful.]

I am not an accountant or a lawyer, but of course you can simply begin to file separately, even if the divorce is not finalized. That is what I did in my experience.

[Forestaken]

Did you have any joint accounts but you didn't have access to the information? 

[Peaceful.]

Ok, I see what you are saying more clearly now. By the time I had to file everything had been split already.

[ForeverDad]

An inheritance generally is not part of the marital assets unless it has been commingled with marital accounts.  A local family law attorney can speak with more confidence, but since it is in both names it could be considered part of the marital assets.  If it has been mixed with other marital money, it would be harder for her to say which is hers and which isn't.

But your question was how to do the taxes.  If you're on the account jointly, you likely have an ability to ask the bank or firm to send you copies of the statements no matter where the statements are mailed.  However, do not be surprised if she has transferred the money to a personal account.  I don't know if she's allowed to do so during a divorce process.  Doesn't mean she can't, the bank may not know about the divorce case or served notice to get permission from the court before removing the funds, it means she probably shouldn't.

This question is a legal one and you really need local legal advice from a professional.

[Waddams]

I went to a tax pro for advice about taxes and divorce.  The guy had worked for the IRS for 20 years, then switched sides because he knows all the loopholes and can get me much more on returns than I knew how to on my own.  He also has given me advice for how to do my taxes even post divorce regarding child care expenses, etc. that basically make it so I get to set up my finances, dependent care accounts, etc. in a way that I always get certain tax breaks even if ex-wife claims them.  I pay it all pre-tax as I go up the limit allowed per year.  Then when she claims it, it bounces back from the IRS to us both and I get to say I paid it, she didn't, and I used a pre-tax account so I've already got the tax benefit.  Pisses her off, but she tries every year anyway. 

He was also able to finagle both our taxes when we were divorcing on separate filings so that we got a lot more money back than we would have jointly or figuring it out on our own.  I still go back to him every year now because he's worth the expense!

Anyway, in addition to a lawyer, a good tax pro can provide a lot of help.