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What if I am an injured spouse?

Answer #849 -- ( Published 04/25/2012 02:23 PM | Updated 07/12/2017 10:41 AM )

What if I am an injured spouse?

If you are married and you filed a joint federal return with your spouse and you are an injured spouse (e.g., your spouse owes a liability, for which you are not responsible, to a government agency), you may elect to file separate Illinois returns using the "married filing separately" filing status. You may make this election up until the extended due date of your return, and once the election is made, it is irrevocable.

NOTE: If you file a joint Illinois return, we may take the entire refund to pay your spouse's liability.

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