Home |IRS Tax Return | How does my ex-husband not filing his taxes, especially after our divorce was finalized in 2023, impact my ability to receive my IRS tax return, given that I filed as "married filing separately" for the previous year while we were still married?

How does my ex-husband not filing his taxes, especially after our divorce was finalized in 2023, impact my ability to receive my IRS tax return, given that I filed as "married filing separately" for the previous year while we were still married?

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Robert James, 20+ years of experience in IRS matters
Answered on September 16,2023

You can always call IRS to find out what's going on.

Here is a way to reach someone directly at IRS.

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Unless you lived in a community property state IRS shouldn't hold your refund just because your ex didn't file his MFS return. I don't think they hold refunds even if you lived in a community property state, but I'm not super familiar with that situation.

Is it possible that there's some issue from a previous year where you filed a joint return with him? Sometimes people find out their spouse / ex-spouse was hiding things that way. But usually you would get a notice that your refund was offset towards a balance due from a prior year.

You can check your Account transcripts online to see if there were any changes to the last few years. For example if there was unreported income and a notice was sent to an old mailing address, you might not see the assessment until a couple years after you filed the tax return.

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