My wife's federal student loans are no longer in default as she successfully rehabilitated them, do I still need to file injured spouse for 2021?

[whyflyguy]

I had been filing injured spouse for many years as her federal student loans were in default. In mid-2021, my wife started the process of rehabilitation and in Nov 2021, she successfully rehabilitated them. When I file my 2021 taxes, do I still need to file the Injured Spouse form 8379 as well? Or am I good now?

[AnnetteB6]

Presumably, you should be good now.  

You could try filing your return without the Form 8379 Injured Spouse and if for some reason your refund is still affected by the student loans, then the injured spouse form can be filed later if needed.  You will also have documentation showing that the loans are no longer in default.

[whyflyguy]

Hmm.. I prefer to file 8379 with my return if needed.. anyone else deal with similar situation?

[DavidD66]

I recommend filing Form 8379 with your return.  While technically it should not be necessary, the IRS is still backlogged and routine things are taking a lot longer than normal.  They may not yet know, or have the information in their systems that your wife is no longer in default.  It's easier to deal with it on the front end than after the fact.