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Schwartz v. Schwartz

An ex-husband was entitled to retain the entire income tax refund from a joint tax return because the couple's divorce settlement agreement placed the entire year's tax liability on the ex-husband.

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Appellant Leticia Schwartz, the ex-wife of appellee Stephen Schwartz, appeals the trial court’s determination that under the terms of the parties’ divorce settlement agreement, Stephen was entitled to retain funds he received for the overpayment of state and federal income taxes. Applying the standard rules of contract construction, we conclude that the settlement agreement at issue contemplated that Stephen would shoulder the entire burden of paying income taxes and also would receive any amount refunded for the overpayment of such taxes. Therefore, we affirm.

The parties were divorced by a final decree entered in 1998. The decree contained a settlement agreement that purported to resolve all issues relative to the divorce, including the division of property and the responsibility for indebtedness. The agreement made the following provisions with regard to the payment of income taxes owed for 1997:

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