If you are filing married filing separately they cannot take your refund.
But, why not file a joint return. You need to ensure that if you file a joint return, you include Form 8379 to claim injured spouse relief.
This will prevent the “injured” spouse’s share of the refund from being offset by the debt.
For future years, there are several other solutions.

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- File separate returns. This is generally not a good solution because it will result in additional taxes.
- Adjust your withholding so there is no refund. Without a refund, there is nothing to offset.
- Pay the past due amounts.
Visit our office to talk to our Generational wealth specialist for more information.