If A Marriage Gets a Tax Refund and One Partner is Bankrupt

Factual Questions
1

does the government take the refund?

Let’s say Mr. and Mrs. A have $100 coming back to them this year.
Let’s say Mr. A just filed BK (not Burkger King) and the court is entitled to his income tax refund.
How does that work?
Are the partners forced to file separately?
Half the money taken?
The money taken as determined by the relative wages?
This question just struck me. It’s not particularly exciting, as $100 isn’t all that exciting an amount to me, but I’m curious.
I’ll be calling my lawyer sometime in the next week, but I’d love to have an answer to this thought puzzle while I’m waiting for a call back.

2

This is not legal or financial advice, but a personal anecdote. There is an injured spouse form you can file with your taxes. The individual that worked, but isn’t bankrupt is the injured spouse, and they can’t take money from them for the other’s debt (unless of course it is corporate debt).

Check with a tax preparer in your state to find out exactly how to do this, and whether it is available to you. It may not be applicable in the case of a bankruptcy.

3

Thank you. I’ll look that up.