Yes, you will file jointly, but you will only get credit for your side of a refund, Your spouse's portion will probably be taken.
You’re an injured spouse if your share of the refund on your joint tax return was (or is expected to be) applied against a separate past-due debt that belongs just to your spouse, with whom you filed the joint return. This can be a federal debt, state income tax debt, state unemployment compensation debt, or child or spousal support payments.
Start at Federal
- Select Other Tax Forms
- Scroll to Report an injured or innocent spouse claim!
- Click Start/Revisit
- Follow the interview!
IRS Taxpayer Advocate flier Injured Spouse
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