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Tax debt after a divorce

A joint tax debt can outlast the marriage.

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Updated October 8, 20261 sourceFact checked
The short answer

A divorce does not split old joint tax debt. If your ex left out income or claimed wrong deductions, innocent spouse relief may help. You ask on Form 8857.

When you file jointly, the IRS can collect the full tax from either spouse.

There are three kinds of relief: innocent spouse, separation of liability and equitable relief. One form, 8857, asks for all three.

If you are divorced or separated, separation of liability may let you pay only your share of understated tax.

Steps that help

  • Get copies of your joint returns.
  • File Form 8857 if your ex caused the debt.
  • Do not ignore IRS letters sent to your old address.

Help that may fit

Innocent spouse: Relief from tax your spouse caused on a joint return.Payment plan: Pay what you owe a little each month.Offer in compromise: Ask the IRS to take less than you owe. Hard to get.

Results depend on your situation. Not every case qualifies.

Common questions

Does my divorce decree protect me from the IRS?

Not by itself. The IRS can still collect joint tax from either spouse. Innocent spouse relief is a separate request.

Can I get help if I already owe?

Yes. A tax pro can look at payment plans, penalty relief and other options for your case. Results depend on your situation. Not every case qualifies.

Sources

  1. IRS: Innocent spouse relief

Run the numbers with our free tax tools, like the penalty and payment plan math.

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Free to use. Not the IRS or any government agency. Results depend on your situation. Not every case qualifies.