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darka20002001
New Member

Injured Spouse Status and Qualify for Innocent Spouse

I filed my taxes and found out that my husband has past debt obligations. I filled out he injured spouse form and was wondering if there was a way to check on the status of the paperwork? Could I qualify for innocent spouse since I had no clue of his debt obligations?
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Accepted Solutions
DanielV01
Expert Alumni

Injured Spouse Status and Qualify for Innocent Spouse

It depends.  To check on the status of the paperwork, you would need to contact the IRS.  Once it has been sent, only they can make a determination as to whether the application will be accepted and how much of the refund will be sent to you.  

Whether or not you filed the correct form depends on whether the debts were from before you were married or after you are married.  An injured spouse comes from a debt brought into the marriage, whereas an innocent spouse is from a situation that arises within the marriage, for which you would both be liable for.  Consider this example (it is only an example):

You and your husband work at different jobs, and file a tax return jointly at the end of the year based on that income.  Secretly, however, he has been gambling online, using secret accounts and monies that he has been hiding from you to do so.  One day, he hits the motherload, but instead of informing you about it, he hides the money in a secret off-shore account.  Since your lifestyle has not changed, you do not know, and have no way to know (the key definition of an innocent spouse) of the extra income.  However, the IRS does know because it has been reported to them, and you as a couple are audited.  Needless to say, once you find out, you are furious, and decide to divorce him (again, only an example).  That ends the marriage, but not your debt with the IRS, because filing a joint return makes you both liable for the debt.  This is a situation in which Innocent Spouse Relief may apply (again, only the IRS can make a final determination).

Here is an FAQ with additional information on this:  https://ttlc.intuit.com/replies/3302331

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**Mark the post that answers your question by clicking on "Mark as Best Answer"

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1 Reply
DanielV01
Expert Alumni

Injured Spouse Status and Qualify for Innocent Spouse

It depends.  To check on the status of the paperwork, you would need to contact the IRS.  Once it has been sent, only they can make a determination as to whether the application will be accepted and how much of the refund will be sent to you.  

Whether or not you filed the correct form depends on whether the debts were from before you were married or after you are married.  An injured spouse comes from a debt brought into the marriage, whereas an innocent spouse is from a situation that arises within the marriage, for which you would both be liable for.  Consider this example (it is only an example):

You and your husband work at different jobs, and file a tax return jointly at the end of the year based on that income.  Secretly, however, he has been gambling online, using secret accounts and monies that he has been hiding from you to do so.  One day, he hits the motherload, but instead of informing you about it, he hides the money in a secret off-shore account.  Since your lifestyle has not changed, you do not know, and have no way to know (the key definition of an innocent spouse) of the extra income.  However, the IRS does know because it has been reported to them, and you as a couple are audited.  Needless to say, once you find out, you are furious, and decide to divorce him (again, only an example).  That ends the marriage, but not your debt with the IRS, because filing a joint return makes you both liable for the debt.  This is a situation in which Innocent Spouse Relief may apply (again, only the IRS can make a final determination).

Here is an FAQ with additional information on this:  https://ttlc.intuit.com/replies/3302331

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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