Can we file jointly when spouse is insolvent with a large 1099-C but I'm not? How to claim insolvency just for her?

This is a common confusion point with debt forgiveness and joint returns. The insolvency determination actually follows the debt, not the filing status. Since the student loan was solely your wife's debt (incurred before marriage), you'd only include her assets and liabilities when calculating insolvency for that specific 1099-C. The IRS looks at insolvency on a "per taxpayer" basis related to the specific debt being forgiven. The fact that you're filing jointly doesn't change who was responsible for the debt. Publication 4681 isn't super clear on this, but the key is determining whose debt was forgiven. I'd recommend completing the insolvency worksheet using only your wife's assets and liabilities immediately before the cancellation date (which should be listed on the 1099-C). If she was insolvent at that time, you can exclude that portion of the debt from your income, even while filing jointly. Keep thorough documentation of how you calculated her insolvency, including statements showing asset values and outstanding debts at the time of forgiveness.

I was in almost the exact situation last year with my husband's forgiven credit card debt. I found that using https://taxr.ai really saved me from making a huge mistake on our taxes. It analyzed our 1099-C situation and confirmed that we could file jointly while still claiming insolvency just for my husband's debt. The tool walked me through exactly how to complete the insolvency worksheet using only his assets/debts, and showed me where to report everything on our return. They also provided documentation explaining the legal basis for the "per taxpayer" approach to insolvency, which made me feel much more confident in case of an audit. It definitely beats trying to interpret the IRS publications on your own - those things are confusing even for tax pros!

I just wanted to follow up and say I tried taxr.ai after seeing the recommendation here and it was seriously helpful. I was also dealing with a 1099-C for my partner (we're married now but the debt was from before). The tool confirmed we could file jointly while calculating insolvency just for her, and it generated a complete insolvency worksheet based on just her assets/liabilities. It even showed exactly where to report everything on our return and created a document explaining the legal basis for our position in case we're ever questioned by the IRS. What I really appreciated was how it broke down which assets needed to be included in her insolvency calculation and which ones didn't. Apparently I was making a big mistake by including our joint checking account at 100% when only her portion should count. Definitely worth checking out if you're in this situation!

If you're still having trouble getting clear answers about your 1099-C situation, you might want to try Claimyr (https://claimyr.com). I got fed up trying to figure out insolvency calculations on my own and desperately needed to talk to someone at the IRS directly. After waiting on hold for literal hours over multiple days, I found Claimyr and they got me connected to an IRS agent in under 15 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed that for debt that belonged solely to one spouse before marriage, you only need to include that spouse's assets and liabilities on the insolvency worksheet, even when filing jointly. Getting that confirmation directly from the IRS gave me so much peace of mind about our filing decision.

I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway because I was desperate for answers about my own tax situation (also involving a 1099-C ironically). The service actually worked exactly as described. I got a call back in about 25 minutes and was connected with an IRS representative who helped clarify my questions about insolvency calculations. The agent confirmed that for debts belonging to one spouse before marriage, you only include that spouse's assets when determining insolvency, even on a joint return. What would have been hours of hold time ended up being a quick process where I could just go about my day until they called me. Definitely using this for any future IRS questions - worth every penny to avoid the hold music trauma.

Make sure you're calculating insolvency correctly! You need to compare ALL assets to ALL liabilities immediately BEFORE the cancellation date. Many people make the mistake of only comparing the specific loan to their assets, but that's not how it works. For your wife's insolvency worksheet, include everything she owned (her share of bank accounts, retirement accounts, cars, personal belongings, etc.) and everything she owed (credit cards, other student loans, car loans, etc.) right before the cancellation. If her total liabilities exceeded her total assets at that moment, she was insolvent, and you can exclude the forgiven debt up to the amount of insolvency.

Has anyone actually gone through an audit with this situation? I'm wondering what documentation the IRS asked for to prove insolvency. My wife just got a 1099-C for $25k in medical debt forgiveness and she's definitely insolvent on her own, but I'm not.

This is exactly the situation I dealt with last year! My husband had about $45k in credit card debt forgiven from before we got married, and I was panicking about whether we could still file jointly. The key thing I learned is that you absolutely can file jointly while claiming insolvency just for your wife. Since the debt was entirely hers from before marriage, you only use her individual assets and liabilities for the insolvency calculation on Form 982, not your combined marital assets. I made the mistake initially of thinking I had to include all our joint assets because we were filing jointly, but that's not how it works. The insolvency test follows the debt ownership, not the filing status. Make sure you have solid documentation of her asset values and all debts as of the cancellation date shown on the 1099-C. I kept bank statements, loan statements, even photos and receipts for personal property values. The IRS wants to see that you calculated everything properly. Definitely file Form 982 with your joint return and save that $1,350! Just be thorough with your documentation in case they have questions later.

I went through this exact scenario last year with my spouse's forgiven student loan debt. The confusion around joint filing vs. individual insolvency calculations is totally understandable - even my CPA wasn't initially sure how to handle it. What I learned after consulting with a tax attorney is that the insolvency determination is tied to who originally owed the debt, not your filing status. Since your wife's student loan was her pre-marital debt, you only include her individual assets and liabilities on the insolvency worksheet, even though you're filing jointly. The key is documenting everything as of the cancellation date on the 1099-C. I had to gather bank statements, credit card balances, loan statements, and even estimate personal property values for my spouse alone. It felt weird excluding my assets from the calculation while we were filing together, but that's exactly how it's supposed to work. We saved almost $2,000 by filing jointly and still excluded the forgiven debt under the insolvency exception. Just make sure you file Form 982 along with your return and keep detailed records of how you calculated her insolvency - the IRS may want to see your work if they have questions later. You're definitely on the right track wanting to take advantage of both the joint filing savings and the insolvency exclusion!

I'm dealing with a very similar situation right now! My husband had about $32k in credit card debt forgiven last year from before we got married, and I've been stressed about how to handle it on our taxes. Reading through all these responses has been incredibly helpful - I had no idea you could file jointly while still calculating insolvency just for the spouse who originally owed the debt. I was assuming we'd have to file separately to claim the insolvency exception, which would cost us quite a bit in tax savings. The key insight about insolvency following the debt ownership rather than filing status makes total sense now that I think about it. Since his debt was entirely from before our marriage, it seems logical that only his pre-marital assets and liabilities should count in the calculation. I'm definitely going to gather all his financial statements from right before the cancellation date and work through Form 982. It sounds like being thorough with documentation is crucial in case the IRS has questions later. Thanks everyone for sharing your experiences - this community has saved me from making what could have been a very expensive mistake!

I went through this exact situation last year and can confirm what others have said - you absolutely can file jointly while claiming insolvency just for your wife's debt! The IRS treats insolvency on a "per debt" basis, not based on your filing status. Since your wife's student loan was entirely her pre-marital debt, you only include her individual assets and liabilities when filling out the insolvency worksheet on Form 982. This was confusing for me too at first because it feels weird excluding your assets when you're filing together, but that's exactly how it's supposed to work. Make sure to document everything as of the exact cancellation date shown on the 1099-C - her bank account balances, any other debts she had, personal property values, etc. I created a detailed spreadsheet showing each asset and liability with the source documentation, which gave me confidence in case the IRS had questions. The good news is you can definitely take advantage of both the $1,350 joint filing savings AND exclude the forgiven debt under the insolvency exception. Just be thorough with your records and file Form 982 along with your return. We saved almost $1,800 using this approach and never heard anything back from the IRS.

I'm dealing with almost the exact same situation and this thread has been incredibly helpful! My wife had about $62k in student loans forgiven last year from before we got married, and I was completely confused about whether we could file jointly and still claim insolvency just for her portion. The explanation about insolvency following the debt rather than filing status makes perfect sense now. Since her loans were entirely pre-marital debt, it sounds like I only need to include her individual assets and liabilities on Form 982, even though we're filing jointly. I've been hesitant to move forward because the potential tax savings from joint filing are substantial for us (around $2,100), but I was worried we'd lose the ability to exclude the forgiven debt. Reading everyone's experiences here gives me confidence that we can actually get both benefits. Now I need to gather all her financial documentation from the cancellation date and work through the insolvency calculation. The advice about being thorough with documentation and creating detailed records really resonates - I'd rather over-document than face questions later. Thanks to everyone who shared their experiences - this community knowledge is invaluable for navigating these complex tax situations!