Typically, the non-filing spouse's share of a tax refund is protected in such a case.  However, just how that share is determined varies from jurisdiction to jurisdiction.  There are 3 positions that courts take:1. The tax refund should be allocated proportionally according to each spouse's withholding in the relevant year (a majority position);2. The tax refund should be allocated equally without regard to income or withholding;3.  The refund should be allocated in proportion to each spouse’s income produced. You should consult with an AZ bankruptcy lawyer concerning your spouse's property rights.