Injured Spouse Claim

Imagine you've just got a letter saying that your tax refund, if any, will be stopped because of a debt that needs to be paid. Woo! I don't think I'd like that. If the debt is not due to anything that you have done, learn about the injured spouse claim and how it can help.

I love my spouse, but I want my tax money, too. The reward for Uncle Sam dipping in our pocket all year long is the chance to dip into his at tax time. If the debt belongs to your spouse and you can prove it, the injured spouse claim can help. The spouse without the debt can receive the portion of the tax deductions and credits that correspond to their portion of the income.

What types of debt qualify for this? If either of you have tax debt owed due to federal or state, social security or VA issues, these monies can cause your tax refund to be taken away to repay that money. Defaulted student loans and unpaid child support payments can also cause the tax money you are owed to be withheld.

Don't misunderstand me. This has nothing to do with divorce or laying blame at your spouse's feet. It is about working to get some of what is owed to the family when there is a debt that is being called in. Both spouses understand that by filing this claim, they will still be able to recoup a refund for at least one of them, and the other will use their portion to settle as much of the debt as possible.

To file an injured spouse claim, the filing spouse has to meet three criteria:

1. The injured spouse has to be able to prove that the outstanding debt is in no way related to them. If there is a debt that involves both spouses, neither can claim to be an injured spouse.

2. The injured spouse must have contributed something to the taxable income. You don't have to have a nine-to-five job to qualify. If you are self-employed, the money you make has gone into the taxable income equation.

3. The injured spouse must have reported income on the tax return. By income, we mean that they paid some type of tax including federal and state taxes. Self-employed individuals that make some tax payments can include that.

A spouse that meets every criterion can file an injured spouse claim. The form to file for this is Form 8379. The form can be downloaded from the IRS website along with the instructions for filling it out.

Don't worry if you are just becoming aware of this form. You may be saying, "If I had known I would have done that before." Well, you are in luck. The injured spouse claim form can be filed up to six years after the qualifying event.

Now that you have more information you can decide if this applies to you. Injured spousal claims are not about hurting your mate, but about helping your family.