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Ask The Taxgirl: Divorce & Rebates

Kelly Phillips ErbAugust 1, 2008December 4, 2019

Taxpayer asks:

question, filed jointly with my wife, got a joint return, but at the time i got the stimulus, we’re separated and shes halfway across the country, the check has both our names on it, mine first, and i was the “main” filer or whatnot, ie, they used my social, so the problem is, i cant find a way to cash my check without her being present which is not even a remote possibility, as in, i have no way whatsoever of contacting her, nothing, how do i negotiate this seemingly big load of crap that is the banks and walmart telling me she has to be present for me to cash it?

Taxgirl says:

Gosh, I don’t know that I can help you here.

The rebate checks are issued based on the filing status as of the last day of the year in 2007. If you were married on December 31, 2007, and you subsequently filed a joint return, the IRS is only going to issue a joint check and they will take the position that both spouses must endorse the check.

In addition, most financial institutions are not going to allow you to cash the check without your spouse’s legal signature (at the bank) or her presence.

If there’s absolutely NO possibility of contacting your spouse, I don’t know what to tell you. I’d assume she’d want her share of the check and would make herself available.

Sorry!

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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2 thoughts on “Ask The Taxgirl: Divorce & Rebates”

  1. Orville says:
    August 1, 2008 at 2:29 pm

    I have a question/comment for this man and you, taxgirl. Could he amend his/her return as single, filing jointly, thereby asking for a check (one-half) in his name alone? Just a thought.

    Reply
  2. Kelly says:
    August 1, 2008 at 5:00 pm

    Unfortunately, no, because to amend the original return, he’d need the spouse’s signature. Otherwise, he’ll have two returns with his information on it and nothing from the spouse authorizing a separate filing.

    Reply

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