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Filing Injured Spouse

If you file a joint tax return with your spouse and your spouse owes past due child and spousal support or federal debt, you can be considered an injured spouse by filing an injured spouse form.

What can an Injured spouse claim on the injured spouse form?

As an injured spouse you can get a refund for your share of the overpayment that would otherwise be used to pay the past due amount of the joint tax return.

How to claim as an injured spouse?

To be considered an injured spouse, you must:

  • file a joint return
  • have reported income such as wages
  • have
    • made tax payments such as:
      • federal income tax withheld from wages
      • estimated tax payments
    • claimed the earned income credit or other refundable credits
  • have an overpayment on the tax return, all or part of which may be applied against the past due amount.
What is the injured spouse relief?

When you qualify as an injured spouse, you can obtain your portion of the joint refund.

How to file for a injured spouse claim or relief?

You can file the IRS tax form 8379 called the Injured Spouse Allocation form.

What is the IRS injured spouse tax form?

The IRS tax form used for injured spouse filing is the IRS Tax form 8379 called the Injured Spouse Allocation form.