will my spouse have to pay my delinquent student loan even if we file married filing separately?

my husband and i married august of 2011, if we both file MFS will he be able to avoid having his refund docked because of my delinquent student loans or is it better for us to each file as "single"?
    File MFJ and use Injured Spouse (and whatever is like it in your state for state income tax).  MFS is a poor choice  and Single is not available.
      1) You can NOT file Single if you're married; Must be MFJ or MFS.

      2) You can apply for 'Innocent spouse' status when only one has a past debt. This will protect at least part of any refund. Proceedures/FAQs -
      • I think you can file married filing separate to protect your refund.  You need to include the innocent or injured spouse form for Joint.
      • @rainman 12: i believe my husband can apply for innocent spouse relief ONLY if we are filing jointly, but i said we are each going to file as MFS. I just wanted to be sure that even then my defaulted student loan could not become his burden
      • Even if you do MFS, your SSAN has to be on his return. Community property rules may apply, depending on State ...

        Best to do MFJ and get a payment plan going on the loans; You lose to many benefits with MFS for it to be worth it ...
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