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injured spouse

February 16, 2017 • Peggy Hall • Log In to Post Comments

When filling out form 8379 (injured spouse) in California, do you divide wages and deductions in half to figure out the injured spouse?  My program is dividing it according to how much they each earned and how much each  withheld.  

Also, they say he withdrew the $88,000 from his retirement plan before he was married.  However, they got married in the same year he withdrew the money.  Last year, the year of the withdrawal they filed MFS so I am hoping the debt will be recorded as his.  Is that correct?


CA doesn't provide for injured spouse treatment as it's a community property state. You sould file separately. The community aspect of the retirement is based on when he received it and most likely even if it was received after the marriage it is separate property because they weren't married when he earned it.

But when I file mfs I split the wages as community property?

Yes from the time they married - unless they have a written separate property agreement.


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