Stimulus Checks During Divorce
Who Gets the Stimulus Check?
That question is a little more complicated than you might think. It really breaks down into three parts.
Where will they send the check?
Is it separate or martial property?
Will the court always force an equal split?
Where will they send the check?
The IRS check will be distributed automatically to your bank account if the IRS has your account information on file from a previous year’s filing. If you received a check in the mail, then expect the check will come in the mail, but realize they will try to send it to the same address. If you don’t believe the IRS has your current information then you can submit it at IRS Non-Filers Info. If you need to just change your address then go to this link IRS Change of Address.
Is the stimulus money separate property or marital property?
If you filed jointly and shared the bank account the money will be deposited into, then the money will be considered marital property. This means the stimulus money must be spent by agreement, or allocated equally.
Will the Court always force an equal split?
In most cases the answer will be yes. In some cases, the court will have to look to the Separation Agreement or the Temporary Order to see if this marital property is distributed in accordance with those agreements. There can also be some special circumstances that make it even more complicated. For example, what if only one person works, and in turn has been ordered by the court to pay all of the bills while waiting for the divorce to be finalized. This court could look at this and decide the entire stimulus check should be used to pay bills. This is especially true if the person working is out of a job because of the stay-at-home orders.
What can I do if my spouse is withholding my portion of the stimulus check?
If your spouse is withholding your portion of the stimulus check, contact your attorney right away. A motion to compel or even a contempt order may be necessary. Even more importantly, it will put your soon to be ex in a bad light with the court.
Author: Ciera N. Freeman