Divorce can be emotionally and financially overwhelming—but what happens when your ex leaves you with IRS tax debt you didn’t even know about?
If you filed joint tax returns during your marriage, you’re both legally responsible for the balance—even if one spouse earned all the income or caused the tax problem. Fortunately, the IRS offers a solution called Innocent Spouse Relief.
At Back Tax Rescue, we help clients across Gwinnett and Fulton County eliminate IRS debt that never should’ve been theirs. In this guide, we’ll explain how tax liability is handled after divorce and how to apply for Innocent Spouse Relief the right way.
💍 Joint Tax Returns & Shared Liability
When you file a joint return, both spouses are jointly and individually responsible for the full tax liability—even if you get divorced.
That means:
- The IRS can come after either of you
- They don’t care who caused the debt
- You can be liable for back taxes, penalties, and interest—even if you didn’t earn the income
📌 Even if your divorce decree says your ex is responsible, the IRS can still collect from you.
⚖️ What Is Innocent Spouse Relief?
Innocent Spouse Relief is an IRS program that can eliminate your personal responsibility for a joint tax debt if your ex:
- Underreported income
- Claimed improper deductions or credits
- Made errors that created the liability
To qualify, you must prove that:
- You didn’t know (and had no reason to know) about the error
- It would be unfair to hold you responsible
- You meet all IRS eligibility requirements
✅ 3 Types of IRS Spousal Relief
1. Innocent Spouse Relief
Used when your ex made mistakes on the return and you didn’t know. Must be filed within 2 years of IRS collection activity.
2. Separation of Liability Relief
You’re divorced or separated, and you want the tax bill split between you and your ex. You’ll only be responsible for the portion related to your income.
3. Equitable Relief
If you don’t qualify for the other two, this catch-all option can help if it would be unfair for you to pay the debt based on your circumstances.
💔 Common Divorce-Related Tax Scenarios We See
- Your ex was self-employed and didn’t report all income
- You signed returns without knowing what was filed
- Your ex handled all finances and kept you in the dark
- You divorced, and now the IRS is collecting from you
- You agreed to file jointly to avoid penalties, then learned the return was inaccurate
📄 How to Apply for Innocent Spouse Relief
To request relief, you must:
- File IRS Form 8857 (Request for Innocent Spouse Relief)
- Include supporting documents (divorce decree, financial records, written communication, etc.)
- Respond to any IRS questions or requests
- Wait for the IRS to contact your ex (they are legally required to notify them)
⚠️ Be prepared: The process can take 6–12 months, and your ex will be notified—even if there’s abuse or hostility involved. (Special rules apply in those cases.)
👨💼 How Back Tax Rescue Helps
Applying for Innocent Spouse Relief on your own can be stressful and confusing—especially during or after a divorce.
We help by:
- Reviewing your entire tax history and identifying qualifying years
- Preparing and filing IRS Form 8857 with supporting documents
- Communicating directly with the IRS on your behalf
- Protecting your rights and privacy
- Exploring additional options like Penalty Abatement or Currently Not Collectible if relief is denied
🏠 Real Example (Fictionalized)
Monica from Lawrenceville was divorced two years ago. Her ex-husband had underreported over $50,000 in income on their joint return. Two years later, the IRS began collection efforts—against her.
She called Back Tax Rescue. We helped her file Form 8857, documented her lack of involvement in their finances, and secured full Innocent Spouse Relief—wiping out over $18,000 in taxes, penalties, and interest.
📞 Don’t Let Your Ex’s Mistakes Become Your IRS Problem
If you’re divorced and being held responsible for tax debt you didn’t create, Innocent Spouse Relief may offer a way out.
📞 Call Back Tax Rescue: 470-699-1187
📧 Email: info@backtaxrescue.com
🗓️ Schedule a Free IRS Relief Consultation Now »
We’ll help you separate from the IRS debt—just like you separated from your ex.
