Using Form 8379 will allow you as the injured spouse to get back your portion of your tax refund from a jointly-filed tax return if it has been seized or offset to pay your spouse's past-due debt, like child support, student loans, or unpaid taxes. It is used to separate your income/credits from your spouse's income/credits, and protects your share of any refund.
You can file it with your tax return, or after you receive a notice that your refund was held for your spouse's debt.
You have to file jointly to use this form. And you must not be responsible for any of the past-due debt. Using Form 8379 will substantially delay your refund. (up to 14 weeks)
To file this form using your TurboTax program, you can:
- Click on Search at the top right of your TurboTax screen
- Type injured spouse in the search box
- Click on the link Jump to injured spouse
- Your screen will say Innocent or Injured Spouse Relief, select Yes
- Your screen will say First, enter the years that you're seeking innocent spouse relief, enter 2025 (or what year you are seeking it for if other than 2025)
- Follow the instructions on your TurboTax screens. Make sure to answer each question correctly.
- If you are filing this form with your 2025 tax return, make sure to answer Yes to the question Are you filing Form 8379 with your tax return?
For additional information; How do I file Form 8379, Injured Spouse Allocation? and What is IRS Form 8379: Injured Spouse Allocation
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