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You've got to file for injured spouse relief and good luck on that (hint it takes a long time and you'll never get all of your portion back).

That sort of depends on the state you live in, I guess, since I've not had that trouble. In AZ, a community property state, you always receive 50% of the joint refund when you file injured spouse, form 8379, along with the return. The injured spouse's refund arrives in the normal amount of time.
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