• Subtle ways our kids are trying to show us their Coronavirus Anxiety.

• Talking about loss is never easy, but it can be especially triggering when considering the COVID-19 Pandemic. Dr. Christina Carson-Sacco, a clinical psychologist and a partner with The Center for Neuropsychology and Counseling, P.C., wrote a beautiful blog entry about this topic. Read it here.

Who gets the coronavirus stimulus check(s) if recently divorced or going through one?

The stimulus checks will be based on the last filed tax returns. But for those who recently divorced or who are planning a divorce, what happens to the benefits?

If a couple filed taxes jointly in 2018, then their refund will be direct deposited into their joint bank account on file with the return. If they divorced in 2019 and haven’t filed yet for 2019 but no longer have or share the bank account, what happens to that money? What if they separated but didn’t get divorced yet and don’t use that joint account anymore? Will an ex-spouse or future ex-spouse lose out on benefits? As always there a lot of questions and not as many clear answers yet:

Here are a few points to know or consider:

If you are already divorced?

Generally, as part of divorce litigation, tax refunds are recognized as an asset that is subject to equitable distribution and refunds are most often shared between the parties.

It would be fair to anticipate that each party would be entitled to receive 50% (or agreed upon percent) of any stimulus check received regardless of whose bank account it is deposited in — if the total stimulus check was based on the family status pre-divorce.

If the spouse refuses to share the check, the other spouse has the right to be made whole.  She or he will have to make a business decision if the amount of refund is worth the fight, both financially and emotionally.

If you are not divorced yet? 

If you’re currently negotiating your divorce, you should make sure the stimulus payments are addressed as part of your agreement.

If you haven’t yet filed your 2019 return, take a close look at how it will be different from your 2018 return. If your 2019 return would yield a higher stimulus check, consider moving quickly to get it filed. If your 2018 return would mean a bigger payment, wait to file your return.

Keep in mind that the stimulus payments are advances on credits taxpayers will be able to get on their 2020 tax returns, so this may be something you will need to address with your ex-spouse depending on the timing of your divorce.

Important to remember that tax filing status, whether filing independently or married filing jointly, is based on a person’s marital status as of December 31 for any tax filing year.

Who gets the payments for kids?

 The stimulus package also provides an additional $500 payment per child under age 17 depending on parent(s) income levels.

Marital settlement agreements will allocate the tax exemption for children so whichever parent claimed the child that year would likely get that exemption.  If that leads to an unfair allocation among the parents, most would be able to agree how this credit would be shared.

There are also lots of questions from those who lost jobs or whose wages took a significant hit because of coronavirus-related closures. Are they able to get a relief from alimony, child support and other financial obligations?

We are living in the unprecedented times, so no one knows how long this current situation will last, what the long-term consequences will be and how the courts will account for coronavirus and its effects. It's best to consult your attorneys as each situation might be very different.