If you are married, and you file seperatly, will it protect your return?

Question

My husband loses his tax return because of a small college loan that is defaulted. If I file married filing seperate, will it keep them from taking my return?

Answer 1

I say yes. I've been through it.

file married but separate. It will give you more protection.


I did the opposite and ended up paying his taxes even after the divorce !!!

Answer 2

I believe you mean refund rather than return.

Filing MFS will prevent the offset of your refund for student loans. However, MFS is generally an unfavorable way to file. It may result in a much higher net tax bill for your family.

You would probably be better off filing MFJ, and claiming injured spouse status. The portion of the family's refund based on your income and withholdings (a mathematical formula determines how much that is) would not be subject to offset. Claiming injured spouse status, however, can delay the processing of your return.

Answer 3

Yes.

You have another option. File Jointly and file a Form 8379 (Injured Spouse). The IRS will split the joint refund, seize his and send you yours. It takes a while to get the money (12 weeks ???) but you will get it. As Married-Filing Separate returns lose many of the deductions and credits that joint returns receive, this option is sometimes the best way to go if you can wait for the money.

Answer 4

Yes, you would still get your refund.

There's a way to do that even if you file a joint return - you'd have to file an injured spouse form with it.

See how much extra it costs you to file separately. If it's only a few dollars, it's probably not worth the hassle of the injured spouse form, but if it's a lot of money it might be worth it.

Answer 5

This is one of the few instances where this is actually a good idea to file separately. No, since they are separate, they will not take your return.

Answer 6

No, they can still take your refund.