Question

Mistakenly Reported State Refund After Divorce – Can My Ex-Husband Claim It Instead?

Forum|Forum|1 year ago
April 8, 2025
1 reply
0 views

We filed a joint tax return for 2023 with my husband. We received an $800 federal refund, and the $500 state refund was carried over to the following year. In 2024, we got divorced and are filing our tax returns separately for 2024. When I filed my 2024 return, I forgot about this and mistakenly reported that I received the $500 state refund (which I actually didn’t). If my ex-husband files his return now and states that he didn’t receive anything and requests the $500 refund, would that be correct? I would prefer not to amend my 2024 return, and if it’s possible for him to claim it, I would like him to do so.

TurboTax Deluxe Online

LindaS5247

Since you filed a joint tax return for the year that the refund was for, it should be fine for him to claim it.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"

D

diana-ternovaja2015Author

But the problem is that I marked it as if I received that refund, even though I actually never did. Do I need to file an amendment for the 2024 tax year, or should I just leave it as it is? Because they might also be able to check and see that I truly never received that refund.

LindaS5247

In general. you would only need to file an amendment if you would owe additional taxes. However, different states have different rules.

Did you actually receive the refund when you marked your return that you received it or has no one actually received it? Was it applied to your state tax return? If it was then no your husband can not.

You could try calling your state Department of Revenue and asking them. You can contact your state's Department of Revenue website for more details.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"