Based on the situation you described, Critter is correct, you need to file as Injured Spouse instead of Innocent Spouse.
You should go back through the section of your return and delete any entries that you made on screens labeled Innocent Spouse. Then pay close attention to each screen and answer the ones labeled Injured Spouse.
There are a couple of things to note when filling out the injured spouse form. If some of the boxes were not checked, then TurboTax will state you are not eligible to file the form.
On the screen titled “Tell Us More About Your Situation” at least 3 boxes must be checked to qualify to file the Injured Spouse form.
The box “I filed (or will file) a joint return with my spouse (or former spouse)” must be checked.
The box “I am not required to pay the past-due amount” must be checked.
Additionally, at least one more box must be checked to indicate the type of debt that your tax refund will be used to pay.
For more information and instructions from the IRS regarding the Injured Spouse Form 8379, click here.
Also, see the information below for information about how to complete the Injured Spouse form within TurboTax.
https://ttlc.intuit.com/replies/3326788
Are you sure you want the INNOCENT spouse form which is almost never used ? Or do you really need the INJURED spouse form which is very common ?
<a rel="nofollow" target="_blank" href="https://www.irs.gov/newsroom/injured-or-innocent-spouse-tax-relief">https://www.irs.gov/newsroom/injured-or-innocent-spouse-tax-relief</a>
Yes. Innocent. My husband and I filed married separately. The IRS took his return. He was unaware that he owed back taxes. They never at any point took my return. So we file married jointly and I have to file innocent spouse form so that the IRS doesn't take my portion of the refund to fulfill his tax repayment obligation.
NO!!!!! You need the INJURED spouse form ... start that section over again and choose the correct form.
Based on the situation you described, Critter is correct, you need to file as Injured Spouse instead of Innocent Spouse.
You should go back through the section of your return and delete any entries that you made on screens labeled Innocent Spouse. Then pay close attention to each screen and answer the ones labeled Injured Spouse.
There are a couple of things to note when filling out the injured spouse form. If some of the boxes were not checked, then TurboTax will state you are not eligible to file the form.
On the screen titled “Tell Us More About Your Situation” at least 3 boxes must be checked to qualify to file the Injured Spouse form.
The box “I filed (or will file) a joint return with my spouse (or former spouse)” must be checked.
The box “I am not required to pay the past-due amount” must be checked.
Additionally, at least one more box must be checked to indicate the type of debt that your tax refund will be used to pay.
For more information and instructions from the IRS regarding the Injured Spouse Form 8379, click here.
Also, see the information below for information about how to complete the Injured Spouse form within TurboTax.
https://ttlc.intuit.com/replies/3326788