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Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Divorce & Tax Refunds

Frequently, divorcing spouses will need to file tax returns in a joint married status after the commencement of the case, but before entry of the decree.  Because refunds are typically divided equally, this can involve complicated arrangements over the logistics of doing so—depending on the level of mistrust—even to the point of requiring the issuance of paper refund checks, with the parties meeting at the bank to endorse the checks and divide the money simultaneously.  A simpler solution is to use IRS Form 8888.  Although the standard Form 1040 only allows a refund to be electronically deposited into a single account, Form 8888 allows the filers to apportion the refund between two or three accounts.  (Unfortunately the Minnesota Department of Revenue does not yet provide a way to do this for state refunds).”

Eric C. Nelson

Attorney at Law

Minneapolis

enelson@ericnelson.com

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