If your spouse is the only one that owes the IRS this year, the IRS would not levy your refund if you file a separate tax return.
The other option is to file a joint return and an injured spouse claim to “save” the portion of the refund allocable to you from your joint return. To qualify for injured spouse relief, the following must apply:
To qualify as an injured spouse, you must meet the following criteria:
Your spouse must be liable for a debt that can be levied from your Federal tax refund. Those debts include tax debts, student loan debts, unpaid child support, state tax debt, or other non-tax federal debts, and;
You must have made and reported tax payments, such as federal income tax withheld from wages or estimated tax payments, or;
You claimed (or will claim) a refundable tax credit, such as the earned income credit or additional child tax credit on the joint return, and;
You are not legally obligated to pay the past-due amount.
To claim this in TurboTax, follow this path in the program:
Click the Federal Taxes TAB or Category in TurboTax (called Personal in Home and Business).
Click on the Other Tax Situations SubTAB or subcategory.
Find the section labeled Other tax Forms
Click start or update on the line for Miscellaneous tax forms
Click start next to the item for Report an injured or innocent spouse claim.
Click yes, then click continue past the innocent spouse section.
