Hi,
My partner and I separated about 6 months ago. We just received tax returns for the 2021 financial year. My ex only worked 6 months of that financial year and was taxed at a very high rate for those 6 months. He has received in excess of $13,500 as a tax refund. I worked the entire time (on a much lower income). We also have an investment property which is in my name so I have the rental income included in my earnings (despite the rental income going to our joint account and it being a joint asset in the separation process). As a result I received $350.
Am I correct in thinking his $13,500 still counts as a joint marital asset as it was earned while we were still in a relationship? My understanding is that a tax return is simply tax returned by the government because it was 'overcharged', meaning in theory it otherwise would have been available at the time when we were still together. At this stage he has moved the money into a personal account so I cannot access any of it.
In addition to not paying child support etc I am becoming very stressed.
Any advice is much appreciated.
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