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No, you do not have to file separately. 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:
There are special issues if you are in a Community Property State. In any event, the two of you may wish to see a professional to get Husband caught up the IRS and State.
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