Separate out his income from yours. The IRS will not take your share of the joint tax return refunded to pay his debts. To prepare the injured spouse form, follow the instructions here.
Form 8379 lets you (the "injured spouse") get back your portion of a refund from a jointly-filed tax return if it's seized or offset to pay your spouse's debt. You must file jointly to use this form. Filing an 8379 will delay your federal refund by up to 14 weeks. To file this form in TurboTax:
- Open or continue your return.
- In the search box, enter injured spouse and then select the Jump to link in the search results.
- Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions.
- Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you.
- If so, check the box.
Note: Pay close attention to the screens, as some of them apply to innocent spouse relief, which is different. Leave those questions blank if you only want to claim injured spouse relief.
Related Information:
Form 8379 is a request by one spouse to avoid having his or her part of an overpayment (or refund) applied to a debt owed by the other spouse. The “allocation” is essentially a request to divide the overpayment between the spouses.
What is 8379, Injured Spouse Form
Instructions for Form 8379
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