Can I File Injured Spouse Form After Filing Taxes? Explained

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If you’re married and filing taxes jointly with your spouse, there may be instances where only one of you owes money to the IRS. This can happen if that spouse has delinquent child support payments, student loans or back taxes, among other reasons. If this is the case for you, don’t despair – you have options.

One option available to taxpayers in this situation is the injured spouse form. However, some confusion exists around when and how it should be filed after filing taxes. In this article, we’ll explain what an injured spouse form is, how it works and whether or not it’s possible to file it after already submitting your tax return.

Can I File Injured Spouse Form After Filing Taxes? ExplainedCan I File Injured Spouse Form After Filing Taxes? Explained

What Is an Injured Spouse Form?

The injured spouse form (Form 8379) helps protect a taxpayer’s share of a joint refund when their portion would otherwise be offset by another obligation belonging solely to their spouse. For example: say Mary has a student loan debt from before she got married that she hasn’t been able to pay off yet; if they file jointly and receive a refund but haven’t paid Mary’s outstanding loan amount yet, then the Treasury Department can seize her portion of the joint refund — even though John wouldn’t owe any separate liabilities himself.

On the other hand, John can submit an injured spouse claim along with his tax return so that he doesn’t lose his share of the refund due to Mary’s unpaid obligations prior marriage.

This form allows spouses who are facing issues like these claiming at least part of their tax refunds back because they had no legal obligation towards paying their partner’s pre-existing debts such as child support arrears etc., or liens filed against them by creditors – thus offering relief from unfair seizure practices usually carried out on assets owned by both partners.

How Does It Work?

When you complete Form 8379 –Injured Spouse Claim and Allocation – the IRS will review it to determine what share you are entitled to receive of your joint refund. If approved, they will allocate this amount back to you. This form is normally submitted along with your tax return when filing jointly.

The form asks for information about both spouses’ incomes, the debt or liability that led one spouse’s portion of the refund to be offset, and any past due obligations owed by either spouse. With this information in hand, the IRS can calculate how much each partner should get from the joint refund.

Can I File Injured Spouse Form After Filing Taxes?

If you missed a deduction on your tax return or made an error in calculations that results in more money owed than expected, then yes: you can still file Form 8379 after filing taxes so long as it’s done timely (within three years). As soon as you realize there might be a problem with seizure of funds due amount such marital situations or other reasons mentioned above even after filing returns – don’t panic! Just gather necessary documents and fill out needed forms before corresponding deadlines pass!

However, if not within these limits – You would have exhausted your options at that point; not being able avoid having seized amounts placed against them.

It’s important to note that while submitting this claim does provide some measure of relief from unfair seizure practices carried out solely based on one spouse’s pre-marital financial situation – it’s always better reaching out proactively rather waiting til problems come up during filings season which may just make matters worse later down road financially speaking.


In conclusion: The injured spouse form allows couples who file jointly but where only one person is responsible for certain liabilities claim their fair share of refunds without losing it all due to said deficit areas in question prior marriage etc.

While ideally every married couple could go through life without ever worrying about legal actions related issues involving their taxes —— that’s not how things tend to work out in reality. So, if this is something you’re going through – Review your options and make use of all available forms for yourself or an expert will be happy to lend assistance along the way towards better financial footing post-marriage!


Can I file the Injured Spouse Form after I’ve already filed my tax return?
Answer: Yes, you can file an Injured Spouse Form after filing your tax return. If you did not submit the form when you filed your return and later determine that you qualify as an injured spouse, you can still fill out the form and send it to the IRS.

How long does it take for the IRS to process the Injured Spouse Form?
Answer: The processing time for an Injured Spouse Form varies, but typically takes anywhere from 8-14 weeks depending on factors such as how busy the IRS is at that time of year or if there are any errors or missing information on your form.

Can filing an Injured Spouse Form affect my tax refund?
Answer: Yes, submitting this form can impact your refund because it splits up any joint refunds between both spouses based on their share of income earned during that year. Filing this form may also result in a delay in receiving your refund while the IRS processes your request and verifies all information provided in the document.