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Old 03-28-2014, 08:48 PM
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Injured Spouse During Divorce

I can file as an injured spouse after my soon to be ex wife's student loans took every bit of our tax returns. The issue is, in order to cash the check when it comes, she is going to have to sign it as well from what I understand. She did not work at all last year, and without getting personal, she didn't work around the house at all either. I don't feel she is entitled to half of the return, but I know if I mention this to her that is exactly what she will demand if she is going to sign the check so it can be cashed.

My questions are 1) how long do I have after filing a return to amend it with the injured spouse form? 2) If I wait until after my divorce is final to send in the form will that make a difference? ( I noticed there is a check box I can select if we are legally divorced or separated )

Thank You in advance for your assistance.



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Old 03-28-2014, 09:15 PM
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Originally Posted by cyborggold View Post
I can file as an injured spouse after my soon to be ex wife's student loans took every bit of our tax returns. The issue is, in order to cash the check when it comes, she is going to have to sign it as well from what I understand. She did not work at all last year, and without getting personal, she didn't work around the house at all either. I don't feel she is entitled to half of the return, but I know if I mention this to her that is exactly what she will demand if she is going to sign the check so it can be cashed.

My questions are 1) how long do I have after filing a return to amend it with the injured spouse form? 2) If I wait until after my divorce is final to send in the form will that make a difference? ( I noticed there is a check box I can select if we are legally divorced or separated )

Thank You in advance for your assistance.
My questions are 1) how long do I have after filing a return to amend it with the injured spouse form?==========>>>>>>>>>>>>> The current tax year only. Once any part of the refund has been captured and paid over to her, there is NO way that the government is going to go back to her and ask for the money back so that it can be paid to the Injured Spouse. The normal 3-year rule for amended returns does NOT apply to Form 8379. It is NOT an amended return, only a division of the refund.

Normally the deadline for filing Form 8379 is the extended filing deadline of October 15th but I would NEVER recommend waiting that long. You SHOULD file the Form 8379 with the tax return although you can file it after-the-fact. At most, I'd file it within a month of 2 of the date the return was filed to make sure that you catch the money before it's sent to her. Once that happens, it's lost to the injured spouse forever.
2) If I wait until after my divorce is final to send in the form will that make a difference? ( I noticed there is a check box I can select if we are legally divorced or separated )===========>>>>>>>>>>as mentioned above



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Old 03-29-2014, 12:53 AM
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Originally Posted by Wnhough View Post
My questions are 1) how long do I have after filing a return to amend it with the injured spouse form?==========>>>>>>>>>>>>> The current tax year only. Once any part of the refund has been captured and paid over to her, there is NO way that the government is going to go back to her and ask for the money back so that it can be paid to the Injured Spouse. The normal 3-year rule for amended returns does NOT apply to Form 8379. It is NOT an amended return, only a division of the refund.

Normally the deadline for filing Form 8379 is the extended filing deadline of October 15th but I would NEVER recommend waiting that long. You SHOULD file the Form 8379 with the tax return although you can file it after-the-fact. At most, I'd file it within a month of 2 of the date the return was filed to make sure that you catch the money before it's sent to her. Once that happens, it's lost to the injured spouse forever.
2) If I wait until after my divorce is final to send in the form will that make a difference? ( I noticed there is a check box I can select if we are legally divorced or separated )===========>>>>>>>>>>as mentioned above


Thank you for your reply and advice, but the second question wasn't really answered. I understand that filing sooner is best, but I also need to know whether or not a divorce occurring after filing would mean I would not need her signature to cash the check. Half is better than nothing, but the full amount would obviously be better... especially since she deserves none of it, lol.



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Old 03-29-2014, 02:16 AM
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Originally Posted by cyborggold View Post
Thank you for your reply and advice, but the second question wasn't really answered. I understand that filing sooner is best, but I also need to know whether or not a divorce occurring after filing would mean I would not need her signature to cash the check. Half is better than nothing, but the full amount would obviously be better... especially since she deserves none of it, lol.
I guess divorce or separation is not a requirement. the IRS will take your refund for your spouse's past debt even if the income and deductions are all yours if you do not file the form with your return. I guess there may be a chance you could still get half of the refund in a community property state but that's up to the IRS and you could possibly take the entire refund .Assume that she had a past debt, they took your refund, therefore you had to amend your return and attach an injured spouse form along with it. It.d take several weeks, but you’d eventually get back your portion of the money.

The IRS makes the final calculations that divides the refund between you and your spouse and how much each of you paid in via your paychecks or income and how much each of you is entitled BACK in your tax refund. It takes about 12 weeks to get your tax refund if filing an injured spouse tax form 8379. For more information, you can contact the IRS toll free at 1-800-829-1040.



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