My wife and I plan on getting divorced, she up and left and moved to greenbay wi. All she took was her clothes and computer. Leaving me with the house we rent, and our two daughters. Our tax pro told me to file joint and we are getting a refund my question is since for the last 5 years I have been the only one working is she by law entitled to any of the refund?? Please help

So it is not a tax related question. IRS does not issue guidelines on how to divide the refund on a joint return.

I am sorry I guess not it is a legal question, since we are starting a divorce and I am the only one who worked is she entitled to the return

You can file as married filing separately. Now since you want to file joint return, you need to work it out yourself how you divide the refund. IRS does not issue any guidelines.