When you file a joint income tax return, the IRS can collect the tax due from either you or your spouse. This is true even if you later separate or file for divorce.
However, you could seek Innocent Spouse relief if you can prove you didn’t know or had no reason to know about your spouse’s tax liability, such as unreported income for example.
Often Innocent Spouse relief is limited to taxpayers who are no longer married.
You would seek Injured Spouse relief when the tax liability applies to a spouse’s past-due debt, such as student loans, state taxes, child or spousal support. Typically, a spouse becomes aware of this when the IRS offsets the tax liability from a tax refund due after the filing of a joint return.
If you’re entitled to Injured Spouse relief, you may be able to get your share of the refund released to you.
Contact Morris and Associates for a FREE consultation to see if pursuing either option would be appropriate for your circumstance.