Can the IRS keep my refund to pay my husbands old back taxes? 4 Answers as of May 19, 2011My husband & his ex-wife owe back taxes together, and they wrote it into their divorce agreement that it would be paid equally. Since I should get a tax refund, could IRS keep my refund to pay their back taxes?
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
If you filed a joint return with your husband, the IRS can and will take your refund. To protect yourself in the future you need to file married filing separately, even though it will probably result in a higher tax liability and less of a refund if one is owed to you.
Answer Applies to: Pennsylvania