Injured spouse refund.
If a joint refund was, or will be, taken for your spouse's debt, Form 8379 asks for your share back.
The forecast does not cover Form 8379 cases yet. The IRS times are on this page.
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Key facts
| Item | IRS figure |
|---|---|
| Filed with an e-filed joint return | about 11 weeks |
| Filed with a paper joint return | about 14 weeks |
| Filed later, by itself | about 8 weeks |
| Deadline | 3 years from the original due date, or 2 years from payment |
Details
Who is an injured spouse
You file a joint return, and all or part of your share of the overpayment was or is expected to be applied to your spouse's past-due federal tax, state income tax, state unemployment compensation debt, child support, or federal non-tax debt such as a student loan.
How to file
With the joint return (or an amended joint return), attach Form 8379 and write "Injured Spouse" in the upper left corner of page 1. Filed later on its own, it needs copies of all Forms W-2 and W-2G for both spouses and any Forms 1099 showing withholding, but not a copy of the joint return.
Community property states
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin follow special rules: generally 50% of a joint overpayment, except the earned income credit, goes to non-federal debts.
Questions people ask
How long does an injured spouse refund take?
About 11 weeks if Form 8379 is e-filed with the joint return, about 14 weeks on paper, and about 8 weeks if filed by itself after the joint return was processed.
Is injured spouse the same as innocent spouse?
No. Injured spouse recovers your share of a refund taken for your spouse's debt; innocent spouse relief is about tax owed on a joint return.
Sources
Checked against these sources on October 30, 2026.