It depends on what your situation is.
There are specific requirements
that need to be met in order to qualify as an injured spouse.
- You need
to file married filing jointly
- You cant
have any legal responsibility to pay your spouse's debt.
- You would need to have earned income and/or taxable income that
entitles you to a tax refund unless you or your children are
eligible for and claiming the American Opportunity tax credit. The
American Opportunity tax credit is a partially refundable tax credit that
you can qualify for if you are pursuing your first bachelor's degree and
meet the requirements to claim the credit. Please refer
to the questions on page 1 of Form 8379 for more information. https://www.irs.gov/pub/irs-pdf/f8379.pdf
- The debt
has to be subject to collection through the income tax return
Please refer to page 1 of the IRS instructions for Form 8379,
under the heading, "are you an injured spouse?" to review
these requirements. https://www.irs.gov/pub/irs-pdf/i8379.pdf
Please refer to the following FAQ to learn about the requirements for an innocent spouse. https://ttlc.intuit.com/replies/3302331
