Divorce and Taxes: Your Questions Answered

Questioner

Ir/Madam, My wife and I are currently in divorce proceedings. Last week we received the provisional tax assessment for 2011, we had filed a joint return. The assessment shows that I have to pay an amount of 800 euros and that she will receive 1600 euros back. Now I have paid 800 out of the 1600 euros to the tax authorities and the remainder of 800 euros has been divided 50/50 between both of us. According to my wife, this is incorrect and she is entitled to the full 800 euros (1600-800). Can you tell me if I was correct with the 50/50 split?

Lawyer

I am basing this on the answer I just gave in the next question, again this depends on the agreement, or the fact whether you were still married in 2011 and therefore fiscal partners, how you were married at that time (prenuptial agreement or community of property), otherwise I see no problem here and in my opinion you acted correctly.