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New Member
posted May 31, 2019 6:59:19 PM

How does injured spouse work.

I have federal student loan payments being taken from my paychecks each week so am sure that my tax return will also be taken.  If I file married and use the injured spouse form will my income hurt or help my spouse if the irs withholds my refund?

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1 Best answer
Intuit Alumni
May 31, 2019 6:59:26 PM

SuperUser Carl is on target.  You should file jointly and your wife should request injured spouse protection (form 8379) so that her part of the refund won't be taken for your student loan.

You can prepare form 8379 in TurboTax by using the following steps:

  1. Click on Federal Taxes > Other Tax Situations  [In TT Self-Employed:  Personal > Other Tax Situations]
  2. Scroll down to the Other Tax Forms section and click on the Start/Update box next to Miscellaneous Tax Forms.  (See Screenshot #1, below.)
  3. On the Miscellaneous Tax Forms screen, click on the Start/Update box next to Report an injured or innocent spouse claim.  (Screenshot #2)
  4. On the Innocent or Injured Spouse Relief screen, click on the Yes box. 
  5. Don't make any entries on the next 2 screens -- just click Continue.  [They apply to Innocent Spouse Relief.]
  6. On the screen Let's See if You Qualify for Injured Spouse Relief, mark the appropriate state box and click Continue.  (Screenshot #3)
  7. On the screen Tell Us More About Your Situation mark the appropriate boxes and click Continue.
  8. On the screen, You Qualify for Injured Spouse Relief, you will be asked Do you want to file this claim with your 2016 tax return?  Select Yes if you haven't already filed your return; select No if you've already filed your return.  [You'll be given the opportunity to print the form later in the interview.]
  9. Continue through the rest of the interview, entering the requested information.  You will be asked to allocate income, exemptions, and deductions between you and your spouse.
  10. When finished, you will see the screen, Your Claim Is Now Ready to Be Filed With Your Return.  If you selected the option to file form 8379 separately, click on the Print form 8379 box.  Otherwise click Continue and the form will be transmitted with your return. 


4 Replies
Level 15
May 31, 2019 6:59:20 PM

Are your payments normal payback? Or are they being withheld from your paycheck because of lien, garnishment, or court order? If the former, then nothing to concern yourself with. Otherwise, the injured/innocent spouse form just means that the tax refund based on your spouses overpayment of taxes will not be applied to what you owe.

New Member
May 31, 2019 6:59:22 PM

They are withheld from my check.  Would it be better to file married but separately or will her portion be in danger of being withheld?

Level 15
May 31, 2019 6:59:24 PM

No, it would not be better to file MFS. That's the worst way for a married couple to file. With the injured spouse form, only the debtor's portion of any refund is kept and applied to their debt.

Intuit Alumni
May 31, 2019 6:59:26 PM

SuperUser Carl is on target.  You should file jointly and your wife should request injured spouse protection (form 8379) so that her part of the refund won't be taken for your student loan.

You can prepare form 8379 in TurboTax by using the following steps:

  1. Click on Federal Taxes > Other Tax Situations  [In TT Self-Employed:  Personal > Other Tax Situations]
  2. Scroll down to the Other Tax Forms section and click on the Start/Update box next to Miscellaneous Tax Forms.  (See Screenshot #1, below.)
  3. On the Miscellaneous Tax Forms screen, click on the Start/Update box next to Report an injured or innocent spouse claim.  (Screenshot #2)
  4. On the Innocent or Injured Spouse Relief screen, click on the Yes box. 
  5. Don't make any entries on the next 2 screens -- just click Continue.  [They apply to Innocent Spouse Relief.]
  6. On the screen Let's See if You Qualify for Injured Spouse Relief, mark the appropriate state box and click Continue.  (Screenshot #3)
  7. On the screen Tell Us More About Your Situation mark the appropriate boxes and click Continue.
  8. On the screen, You Qualify for Injured Spouse Relief, you will be asked Do you want to file this claim with your 2016 tax return?  Select Yes if you haven't already filed your return; select No if you've already filed your return.  [You'll be given the opportunity to print the form later in the interview.]
  9. Continue through the rest of the interview, entering the requested information.  You will be asked to allocate income, exemptions, and deductions between you and your spouse.
  10. When finished, you will see the screen, Your Claim Is Now Ready to Be Filed With Your Return.  If you selected the option to file form 8379 separately, click on the Print form 8379 box.  Otherwise click Continue and the form will be transmitted with your return.