Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
New Member
posted Jan 23, 2020 1:49:34 PM

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 ?

0 2 237
2 Best answers
Level 15
Jan 23, 2020 1:51:12 PM

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.

Level 15
Jan 23, 2020 1:54:07 PM

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.

2 Replies
Level 15
Jan 23, 2020 1:51:12 PM

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.

Level 15
Jan 23, 2020 1:54:07 PM

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.