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Scriveners Beware: The General Rule That An Income Tax Refund On A Joint Return Gets Evenly Split Does Not Apply Unless The Terms Of The Divorce Settlement Expressly Preserve That Right.

The general rule in a New York divorce case is that each spouse has a right to 50% of the marital portion of an income tax refund, because such portion of the income tax refund constitutes marital property.  Cohen v. Cohen, 132 A.D.3d 627;  Hymowitz v. Hymowitz, 119 A.D.3d 736.