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schrader11385
New Member

I have tax debt from when my husband and I were married , we have since legally separated . What form can I fill out to get out from underneath his tax debt ?

 
2 Replies
bluedeb
Level 15

I have tax debt from when my husband and I were married , we have since legally separated . What form can I fill out to get out from underneath his tax debt ?

If tax law considers you "unmarried" because you got a decree of separation maintenance prior to December 31, you can file with "single" or "head of household" status. "Head of household" requires you to have a dependent and pay at least half of the expenses needed to maintain a home. 

 

When you file as Single or Head of Household your refund will not be taken for his debt.

bluedeb
Level 15

I have tax debt from when my husband and I were married , we have since legally separated . What form can I fill out to get out from underneath his tax debt ?

To add, if you cannot file as Single or Head of Household you can file as Married Filing Separate, your refund would not be taken for his debit either with Married Filing Separate.

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