In Ohio, a non-working spouse can't use their exemption for income earned by spouse?

[dr276301]

In Ohio you can double exemptions if married filing jointly. However, you have to have an "interest" in the property. From my research, it seems that I would not have an interest in my wife's already earned income because, in Ohio, property obtained by one spouse is not considered joint property. Ohio is not a community property state.

I did find though that in a divorce, most property is considered marital property and split evenly (we are not getting divorced). Am I right that I can't claim my exemption on income that she earned? And, if so, why is property viewed differently in a divorce compared to during a marriage?

[dr276301]

This does appear to be true, as I found a case in the Northern district of Ohio that found a non-working spouse to have no interest in a tax refund earned by the working other. Odd. Apparently all of the work I do at home and with our child is not valuable in Ohio.

[LadyInTheRed]

Odd. Apparently all of the work I do at home and with our child is not valuable in Ohio.

I don't think that is exclusive to Ohio. Maybe as more men become the stay-at-home spouse, the world will value that work more. My husband is the stay at home spouse and often struggles with his pride as a result. I remind him over and over that he makes my life easier than if he weren't at home and that the support he provides from home while I am at work is just as valuable as the support I provide with my paycheck. I hate that he has been conditioned by society not to believe that!

Please be sure to discuss your exemption questions with an Ohio BK attorney.