Yes, since you're filing as Married Filing Separate, the IRS is going to want to see her return. However, I would ask you to consider filing jointly if it results in a tax advantage. If collection of the student loan is a concern, one can file as an injured spouse.
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.
IRS Taxpayer Advocate flier Injured Spouse
To post Injured Spouse
Start at Federal
- Select Other Tax Forms
- Scroll to Report an injured or innocent spouse claim.
- Click Start/Revisit
- Follow the interview.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
