Can my wife who does not work but goes to school get her part of my income if i claim her and if i owed back pay before we got married and i file a injured spouse form.

[leeraygarcia]

`

[MichaelL1 · Accepted solution]

Your wife would not be your dependent.  Your filing status is Married Filing Joint or Married Filing Separate.

If you make are the income and none of the refund is attributable to her, then the innocent spouse will not work, however I would complete it to find out first, as she may have some refundable credit for the education. Then the innocent spouse would protect her part of the refund.