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Injured Spouse Relief

If your tax refund was used to cover your spouse's past-due tax debts, you may be able to claim your refund by claiming Injured Spouse Relief.

Injured Spouse Relief

Injured Spouse Relief is particularly useful in cases of divorce or separation, where one spouse is unaware of the other's financial dishonesty.

  • Who is eligible? You may request Injured Spouse Relief if:

    • Your spouse has tax debts

    • You filed a joint return with your spouse

    • Your tax refund was applied to your spouse's overdue debts

    • You are not responsible for the debts

  • Relief. The injured spouse may be able to get back their portion of the refund that was used to pay the debts. You must file for relief within 3 years from the date the return was filed or 2 years from the date the tax was paid, whichever is later.

  • Benefits. If granted, the injured spouse will receive a refund.

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