What should I do about tax debt after a divorce?
If you filed jointly, you are both responsible for that tax, even after a divorce, and even if the decree says your ex must pay. Innocent spouse relief or separation of liability may help.
Innocent spouse relief covers tax from your spouse's errors that you didn't know about.
Separation of liability splits extra tax so you pay only your share. You must be divorced, separated, widowed, or living apart for 12 months.
One form, Form 8857, covers all three kinds. Ask within 2 years of the first IRS notice about the error.
Key facts
- Which years you filed jointly
- Whether the debt is from errors or just unpaid tax
- What you knew when you signed
- The date of the first IRS notice
- Any refund taken for your ex's debt
Options that may help
For errors you didn't know about on a joint return.
Pay only your share if you are no longer together.
Get back your share of a refund taken for your ex's debts.
Results depend on your situation. Not every case qualifies.
Common questions
Can abuse victims get relief if they knew?
They may. If you signed because you were pressured or afraid, you may still be eligible.
Source: IRS: Innocent spouse relief
Will the IRS contact my ex?
Yes. It will ask your ex if they want to take part in the review.
Source: IRS: Innocent spouse relief
General information, not tax or legal advice. You can contact the IRS yourself for free at irs.gov.