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posted Jul 29, 2020 11:46:12 AM

Innocent or Injured spouse

I filed taxes back in march for my and my husband. Our refund never came. I called the IRS and they could not discuss with me why we didn't receive our refund, but they were able to confirm that it was applied to 2017. (before I married my husband). We are now separated and in the process of divorce. Should I file injured spouse to claim my share of the refund, or innocent spouse. 

 

I'm not sure I even understand the difference between injured and innocent spouse. 

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2 Replies
Level 15
Jul 29, 2020 12:02:45 PM

You would file the injured spouse form 8379. Since you tax return has already been filed, you would complete the form and mail it separately. Here is an article to help you: https://turbotax.intuit.com/tax-tips/marriage/what-is-irs-form-8379-injured-spouse-allocation/L7tsrxCbr

Level 15
Jul 29, 2020 12:09:43 PM

You should expect to wait a very long time for your injured spouse claim to be processed. The IRS processing centers were closed for several months because of the Covid-19 pandemic. They just recently started to reopen, but they have limited staff and a huge backlog.