Is there possible jail time? Tax fraud?

If you and your spouse are seperated and you file jointly, get a refund of almost $3,000, but the spouse is underhanded and sneaks behind your back to change the account it is direct deposited into, then spends it all, states they paid your bills when theres no record of this through the billing department.

The underhanded spouse is in the military, isn't there a 50/50 rule with them? Should they, BY LAW, have had to split the refund 50/50? How can this be resolved with the military? The IRS?

Certainly worth looking into. Contact the cheating spouse's commanding officer.

Sorry, you are SOL - - you filed jointly. The IRS has no idea if you are truly separated, unless you file "Married Filing Separately".
The onus is not on the IRS. It is on you and your spouse to be honest/truthful with eachother.

Your only recourse, IMO, is to try to have it worked into the divorce decreee that the spouse owes you for your portion of the refund.

No jail time but if you seperated and have kids you should never file jointly if theres 2 kids both you and your x- spouse should file one each

I got F&()(*&*&^ out of a lot of money one yr due to my x- did this same thing to me

No law states that they have to SPLIT the refund 50/50. In community property states, the refund belongs to both collectively, not 1/2 to each.

No, not possible jail time. Actually there is no fraud here - the money belongs to both of you, so whoever got it first has it.

It's not a issue for the military - its a civil issue.