Married… but don’t want my refund taken for husband’s old taxes?

Got married in 2024 and we’re filing jointly for the first time. My husband has some back taxes from before we were married, and he’s on a payment plan with the IRS. I usually get a few thousand back in my refund, and I really don’t want it to go toward his old debt. I heard there’s a form I can file to protect my refund, but I don’t know what it’s called. Can I handle this myself, or should I go to a CPA? We both just have one W-2, take the standard deduction, and claim two dependents. I usually do my taxes on Freetaxusa, so I’d love to keep it simple if possible. Any advice?

You’re looking for Form 8379 Injured Spouse. This lets you keep your part of the refund instead of it being used to pay off your husband’s back taxes. You file it with your tax return.

Fox said:
You’re looking for Form 8379 Injured Spouse. This lets you keep your part of the refund instead of it being used to pay off your husband’s back taxes. You file it with your tax return.

Yep, that’s the one you need! Just so you know, don’t mix it up with Form 8857 (Innocent Spouse). That one is for cases where your spouse lied on a joint return, and you want the IRS to hold them responsible instead of you.

Form 8379 Injured Spouse is what you want—it makes sure your part of the refund isn’t taken to cover your husband’s old debt.

@Ozzie
Exactly.

@Ozzie
Oops, my mistake!

@Ozzie
Yeah, the name is kind of misleading. ‘Injured Spouse’ sounds more dramatic than it really is, but that’s the form you need.

@Ozzie
Thank you! That clears it up completely. I really appreciate the help!

Fox said:
You’re looking for Form 8379 Injured Spouse. This lets you keep your part of the refund instead of it being used to pay off your husband’s back taxes. You file it with your tax return.

Thanks so much! Is this something I can easily file online myself, or would it be better to go to a professional?

@Hale
If you’re comfortable filing your own taxes, you can probably handle it yourself. Just make sure the tax software you’re using supports Form 8379.

It’s called Injured Spouse. Use Form 8379.

You shouldn’t need a CPA for this.