When you file a Form 8379, Injured Spouse Allocation, you will get back your portion of the refund. It is not calculated as a percentage, it is your overpayment of taxes that is returned to you.
Please see additional information below:
Form 8379 lets you
(the "injured spouse") get back your portion of a jointly-filed
refund if it's seized or offset to pay your spouse's debt, if the IRS approves
the form. The Injured Spouse Form is filed when the overpayment on your jointly
filed tax return was (or is expected to be) applied to a past-due obligation of
your spouse.
You must file
jointly to use this form. Also, filing an 8379 will delay your federal refund
by up to 14 weeks.
To file this form in
TurboTax:
-
Open your return.
(To do this, sign in to TurboTax and click the orange Take me to
my return
button.)
- In the Search box, search for
"injured
spouse" and then
click the "Jump to" link in the search results.
- Answer Yes to Do you want
to claim innocent or injured spouse relief? and carefully follow the onscreen instructions.
Note: Pay close attention to the screens, as
some of them apply to innocent spouse
relief, which is something else. Leave those questions blank if you only
want to claim injured spouse relief.
What if I've already filed my tax
return?
If you've already
filed and your return has been accepted, you will have to mail the form to the
IRS using TurboTax to create the form.
If you are using
TurboTax Online, open your return and sign in. On the Welcome home screen, select Taxes. On the Tax
Timeline screen, select Amend (change)
return.
If you are using the
CD/Download product, open your return.
When your return is
open, In the Search box, search for "injured
spouse" and then click the "Jump to" link in the search
results. Answer Yes to Do you want to claim innocent or injured spouse
relief? and carefully follow the onscreen instructions for Injured
Spouse.
