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Should my wife and I file together or separate if she has over 100k in student loan debt?

Basically my wife has a lot of debt from graduate school. We fear that if we file jointly, it will impact our taxes significantly, so we have been getting advice from family to file separately because of her debt. Is there any situation here where we can file jointly?
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5 Replies

Should my wife and I file together or separate if she has over 100k in student loan debt?

File joint, but also file as injur3ed spouse so you will be protected if her refund is taken by a creditor.

Should my wife and I file together or separate if she has over 100k in student loan debt?

Can you elaborate? This makes no sense to me. Why would I claim my wife as injured? 

Should my wife and I file together or separate if she has over 100k in student loan debt?

You are the one who is claiming to be injured.  Because if they take the return for money that she owes, you get injured by having your half taken too.  The injured spouse if filed for yourself to protect your half of the refund.  Google the term.

FangxiaL
Expert Alumni

Should my wife and I file together or separate if she has over 100k in student loan debt?

Your Adjusted Gross Income (AGI) is higher if you file a joint return with your wife. If her monthly student loan payment is income-based, you may choose MFS. But you cannot take a student loan interest deduction if you do. 

You have to make the decision based on your situation.

 

 

@c23-duarte

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Should my wife and I file together or separate if she has over 100k in student loan debt?

@c23-duarte You say that your spouse has a lot of student loan debt.   But you did not say if she is delinquent in making her payments.   And you did not say whether she has an income based repayment plan.   There are some things to consider.  If in fact her payments are delinquent then when forbearance ends (which will be very soon) next year your part of a joint refund will be at risk of being seized ---thus the suggestion for "injured spouse" for you.   

 

When you file separate returns you cannot get education credits so if you file MFS she cannot deduct anything for the interest paid on the loans.   You have not mentioned whether you have children---but you lose child-related credits when you file separate returns.

 

 

Some general information on filing joint vs. separately:

 

If you were legally married at the end of 2021 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,100 (+$1350 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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