Am I entitled to Injured Spouse back pay from IRS if not legally separated?

Asked about 1 year ago - Seattle, WA

My husband and I separated in March/13. He filed our taxes in April/13 and filed jointly. However, the IRS took all the money and applied it to his debt and child support he owes from a previous marriage. We don't have anything in writing that states it's his debt, though it's in his name. I also did not have income as I'm a stay at home mom. I have custody of the kids (2) both under 6 living with me though not court ordered. Do I qualify for injured spouse claim and if so, how much of the money would the IRS give me back, half? Thank you

Attorney answers (3)

  1. Bruce Clement


    Contributor Level 19


    Lawyers agree

    Answered . You should re-post this on the taxation forum.

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you... more
  2. Shawn B Alexander


    Contributor Level 20


    Lawyers agree


    Answered . I agree with both previous answers and getting the IRS to give back money just because you are not legally separated will be an uphill battle.
    Good Luck

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are... more
  3. David Alexander Browde


    Contributor Level 20


    Lawyers agree

    Answered . This is an accountant question rather than a divorce issue.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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