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The IRS Says I Owe Them for Taxes my Ex-husband Should Pay… Am I Stuck?

While your divorce decree may say he is liable, the IRS will hold you both liable if he doesn’t pay. The IRS doesn’t care what your divorce decree says; they want to get paid and will come after both of you. When you file a joint return, both spouses are jointly and severally liable for the whole amount of taxes owed.

There are several provisions in the tax code that can help.

  1. The injured spouse provision protects one spouse from act of the other spouse prior to their marriage. It can be used to keep one spouse from having a refund taken to satisfy the other spouse’s back child support, student loan payments and several other items.
  2. The innocent spouse provision with protects one spouse from acts of the other spouse.

For more information, please contact:

James Robertson, james.robertson@frazierdeeter.com

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