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How do I get a refund if I filed a joint federal return and I am an injured spouse?

If you are married, you filed a joint federal return, and you are an injured spouse (e.g., your spouse owes a liability, for which you are not responsible, to a government agency), you should file separate Illinois returns using the "married filing separately" filing status. If you file a joint Illinois return, we may take the entire refund to pay your spouse's liability. If you did not make this election on your original Form IL-1040, you may file Form IL-1040-X to make or revoke this election only if the extended due date of the return has not passed. Once the election is made, it is irrevocable.

If you have additional inquiries, you may submit them on the Questions, Comments, or Requests form.