Customer Reviews

Innocent Spouse Relief

What Is Innocent Spouse Relief?

Innocent Spouse Relief is an IRS program that is designed to provide relief from tax debts that were incurred during a marriage that has since ended. In short, someone who is requesting Innocent Spouse Relief is asking the IRS not to hold them responsible for a joint tax debt that was the fault of their former husband or wife.

If the IRS approves your request for relief, they will eliminate your liability for the back taxes and your former spouse will be solely responsible for repayment of the debt.

Is There a Time Limit for Claiming Innocent Spouse Relief?

Yes, you have only two years from the date that the IRS originally began attempting to collect the debt to file a claim for innocent spouse relief.

Who is Eligible?

There are actually three different types of Innocent Spouse Relief, and each one has slightly different qualifications. A basic overview is given below, but for a more detailed explanation we invite you to download our free guide below:

Innocent Spouse Relief: you qualify if your spouse did not report income or claimed false deductions, and you did not know about it. Under this program, the IRS will not hold you liable for any of the debt.
Separation of Liability: you qualify if your spouse did not report income or claimed false deductions, and you did not know about it. Under this program, the IRS will calculate your "fair share" of the tax debt based upon how much of the income on the return was yours and only hold you responsible for that amount.
Equitable Relief: you qualify if your spouse did not report income or claimed false deductions, OR you just couldn't pay the tax when you filed the return. If your issue is simply one of not being able to pay, this is the only program available to you. Under this program, you explain to the IRS what portion you should be held liable for and why that is the fair thing for them to do.

Being divorced or separated does not automatically qualify you for Innocent Spouse relief, but is a factor that the IRS considers.

My Divorce Agreement Says My Spouse is Supposed to Pay Our Tax Debt

The IRS doesn't care what your divorce agreement says. In their minds, they were not a party to that agreement and never agreed to only hold one of you liable. A divorce agreement alone does not qualify you for Innocent Spouse Relief.

If it turns out that you pay your tax debt when your divorce decree said that you wouldn't have to, your only recourse is likely to sue your former spouse for being in contempt of the agreement.

What Should I Do if I Qualify?

If you meet any of the criteria above, you should call us and go through our Free Consultation. We will review the specifics of your case and let you know if you have an opportunity for Innocent Spouse Relief. The biggest obstacle is usually the two-year time limit to claim relief, so we encourage you to call now rather than putting it off.