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I am delinquent on my student loans and I am unemployed if I file a joint return with my husband will they take his refund
Do husband and wife both have to be employed to file injured spouse to protect refund from Delinquent Student loan
No - husband and wife do not have to be employed to file an application for injured spouse relief.
If granted, "injured spouse" prevents a spouse's tax refund from being attached for the debt of the other spouse (for example unpaid taxes or student loans). The IRS doesn't automatically approve injured spouse applications, but you might want to consider it if 1/2 of your joint refund is more than your refund if you file separately.
Please see the following FAQ for additional information:
https://ttlc.intuit.com/replies/3326788
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