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June 7, 2019
Question

Can my husband and I file separately use the same address and actually live together?

  • June 7, 2019
  • 4 replies
  • 0 views

I read On the IRS website that people can file separately to not be responsible for their spouse assets and debt. 

    4 replies

    June 7, 2019
    Okay, so I can answer on the tax form that we lived together the previous year?
    Employee
    June 7, 2019
    yes
    June 7, 2019
    thank you
    Employee
    June 7, 2019

    Yes, you can file separately when you are married and have the same address.  And, it is true that filing separately can protect your refund from being garnished for your spouse's debts.  

    But, there is another way you can protect your portion of a refund if you decide to file jointly.  It is called an Injured Spouse form and is used protect his or her share of the joint refund in case it gets seized or offset due to the other spouse's debts or unpaid obligations.

    Generally, filing jointly will give you a bigger refund or less taxes due. When you file separately, your tax rate is higher and you won't be able to claim certain deductions or credits that are only available if filing your return jointly.

    Here is information on filing separately versus jointly:

    https://ttlc.intuit.com/replies/3288477

    And here is information on filing an Injured Spouse Allocation:

    https://ttlc.intuit.com/replies/3326788