There are two main types of tax relief for spouses:
- Injured spouse relief- this one will relieve your refund from going to your spouse's debts.
- Innocent spouse relief- helps you from paying taxes if your spouse did something wrong on a tax return that you weren't aware of, and now you owe taxes.
From reading about your situation, the injured spouse relief is the one that would be best in your situation. Since you have already filed your returns, you can file Form 8379, Injured Spouse Allocation by mail. Follow the instructions and enter information from your tax returns on the form, you also need to attach forms like W2s. You have to complete a Form 8379, for each year separately. Once you are done, mail Form 8379 to the IRS Service Center where you filed your original return.
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