Overpaid previous tax debt with ex-husband

Forum|Forum|11 months ago
May 1, 2025
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Previously married and jointly owe taxes for a previous year but are now divorced end of 2024. I filed single for 2024 and the IRS still took my entire tax refund and applied it to our old tax debt. My refund overpaid my portion of the tax debt. Forms 8379 and 8359 for spousal relief only applies if you filed jointly. What can I do to get a portion of my refund back as my half of the debt owed was less than what they held. It overpaid my portion of the debt.

Tax Advice

rjs

Employee

You did not owe only half the debt. You and your ex-husband jointly owed the entire amount. The IRS can collect it from either of you in whatever amounts they are able to get.

Responsibility for the outstanding tax debt should have been addressed in the divorce agreement. You might want to discuss the situation with your divorce lawyer.