---
title: Innocent Spouse Relief: Form 8857 and Who Can Ask | TaxTruce
url: https://taxtruce.com/coverage/innocent-spouse-relief
updated: 2026-10-29
---

# Innocent spouse relief, explained

Your spouse's tax errors may not be yours to pay.

Updated October 8, 20263 sources[Fact checked](/editorial-standards)

The short answer

Innocent spouse relief can free you from tax your spouse or ex owes because of errors on a joint return that you did not know about. You ask for it with Form 8857.

## Who it fits

People who filed jointly and later found out their spouse left out income or claimed false deductions.

Who it fits
:   Joint filers

Cost
:   No fee. File Form 8857 within 2 years of the first IRS notice about the error.

IRS form
:   Form 8857

## What to know first

**Joint returns tie you together**

When you file jointly, you are both on the hook for the tax, even after a divorce, and even if a divorce decree says your spouse must pay.

**You must not have known**

If you knew, or a reasonable person would have known, about the errors, you usually can't get this relief.

**One form covers three kinds**

Form 8857 covers innocent spouse relief, separation of liability and equitable relief. The IRS picks the one that fits.

**Watch the 2 year clock**

Ask within 2 years of getting an IRS notice of an audit or tax due because of an error on your return.

**Abuse victims get an exception**

If you were abused and signed because you were pressured or afraid, you may still get relief even if you knew.

**It takes time**

The IRS may take 6 months or longer. It will also contact your spouse or ex. Keep filing and paying as usual while you wait.

## Common questions

Can I get relief for my own income?

No. Innocent spouse relief only covers tax on your spouse's income from work or self employment. It does not cover business taxes or trust fund penalties.

Source: [IRS: Innocent spouse relief](https://www.irs.gov/individuals/innocent-spouse-relief)

What if a refund was taken for my spouse's debt?

That is a different form. Injured spouse relief, Form 8379, can get back your share of a joint refund taken for your spouse's debts.

Source: [IRS: Injured spouse relief](https://www.irs.gov/individuals/injured-spouse-relief)

Can I appeal a decision?

Yes. Both spouses can usually appeal. You must appeal within 30 days of the date on the letter.

Source: [IRS: Innocent spouse relief](https://www.irs.gov/individuals/innocent-spouse-relief)

Results depend on your situation. Not every case qualifies.

## More guides

[**Innocent spouse vs injured spouse: what's the difference?**](/answers/innocent-spouse-vs-injured-spouse)[**Am I responsible for my ex's IRS debt after a divorce?**](/answers/divorce-and-irs-debt)

## Sources

1. [IRS: Innocent spouse relief](https://www.irs.gov/individuals/innocent-spouse-relief)
2. [IRS: Separation of liability relief](https://www.irs.gov/individuals/separation-of-liability-relief)
3. [IRS: Injured spouse relief](https://www.irs.gov/individuals/injured-spouse-relief)

Other ways to get help

## Compare with the others

[Can't pay in full

### Offer in compromise

Ask the IRS to take less than you owe. Hard to get.

See offer in compromise](/coverage/offer-in-compromise)[Can pay over time

### Payment plan

Pay what you owe a little each month.

See payment plan](/coverage/installment-agreement)[Can't pay at all

### Not collectible

The IRS pauses collection while money is too tight.

See not collectible](/coverage/currently-not-collectible)

Run the numbers with our [free tax tools](/tools), like the penalty and payment plan math.