Will I have to file injured spouse in the year my husband died?

[ssqz]

We have filed jointly for the last few years and he died this year and still owes back child support for another child. He was disabled collecting SSI so no reportable income hence filed injured spouse to protect my refund.  He died Feb 2016.  Will I have to file injured spouse for tax year 2016 in order to still protect my refund? How about next 2 years when I can claim Qualifying widower with dependent child?

[DanielV01 · Accepted solution]

Yes, you file it this year, but no, you will not need to file it next year if you file as Qualifying Widow.  Here is a link to form 8379:  

Form 8379 - IRS.gov

You will notice that the first question is whether you are filing a joint return.  If you are not (Qualifying Widow is not a joint return), you won't need to file the form.