FAQ: I Filed a Joint Tax Return with My Former Spouse in 2019. Will That Affect Where My 2019 Stimulus Check Will Go?

The second stimulus checks are scheduled to be sent out by January 15. According to the Wall Street Journal, eligible households will get $600.00 per adult and $600.00 per child. If you are eligible to receive the 2nd stimulus check, but in 2019 filed a joint tax return with your former spouse, the IRS will likely deposit your stimulus to an account tied to your 2019 tax return. According to the IRS Recovery Rebate Credit program, if you do not receive your deposit, you may be eligible for a tax rebate in 2020. The unknown answer is what if your former spouse takes the money and refuses to share it with you. As it stands now there is no way to update the IRS with your marital status, correct address or bank routing number before the 2nd stimulus checks are sent. As a result, a check may be sent out to you or your former spouse with the risk of one of you not sharing with the other. Time will tell how the courts will handle the inequity should a spouse not be transparent about the money.  Tax specialists are reporting that if your spouse wrongfully takes the stimulus, you may be eligible for the tax credit.   The most troubling news on this new stimulus check is the fact that, unlike with the first check, the IRS will not be holding back providing the stimulus to persons who owe past due child support.

PLEASE NOTE: This blog is not intended to constitute legal or tax advice.  We do not recommend making important decisions of the type addressed in this article without specific legal or tax advice in advance.  We at Banfield Couling Law and Mediation are here to help navigate your legal matter at any stage of your divorce. For any tax issues you face, we recommend consulting a licensed accountant.