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His, Hers or Theirs

Virtually all matrimonial settlement agreements contain language that provides for the disposition of a refund of income taxes, paid by the parties during the marriage, in the unlikely event that such a refund is paid out after the agreement is signed. But what if the refund that is paid after the divorce is the result of one party's carryback of a post-divorce business (or "operating") loss?

17 minute read January 29, 2009 at 12:32 AM
By
Karen M. Platt And Alton L. Abramowitz
His, Hers or Theirs

Virtually all matrimonial settlement agreements we encounter, or draft, contain language that provides for the disposition of a refund of income taxes, paid by the parties during the marriage, in the unlikely event that such a refund is paid out after the agreement is signed.

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