If you file separately, it will not affect you this year. If previous tax years are assessed, you can file as an injured spouse.
"File Form 8379 within 3 years from date the return was filed or 2 years from the date the tax was paid, whichever is later. If you didn't file a return, you must file within 2 years of the date the tax was paid. Find details, including times when those periods may be extended, in Internal Revenue Code Section 6511."
You can prepare this Form in TurboTax.
Start at Federal
- Select Other Tax Forms
- Scroll to Report an injured or innocent spouse claim.
- Click Start/Revisit
- Follow the interview.
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