Serving clients in all 50 states · Based in Central Arkansas (501) 209-7393
Tax Debt After Divorce

Stuck with tax debt from your marriage? You may not owe it.

When you file taxes together, the IRS can collect the whole bill from either of you. That stays true after a divorce, even if the decree says your ex has to pay. But the law has protections for exactly this.

What’s happening

When a married couple files a joint tax return, both people are on the hook for the whole bill. The IRS can collect all of it from either one of you.

That stays true after a divorce. It’s true even if the debt came from your ex’s business, income your ex hid, or deductions you never knew they claimed. And it’s true even if your divorce decree says your ex is responsible.

Many people only find out when the IRS starts taking money from their paycheck or bank account, for a debt they thought was handled years ago.

What the IRS can do, and what it can’t

The IRS can go after either spouse on a joint debt. They don’t have to split it fairly. They don’t have to go after the person who caused it.

But federal law offers innocent spouse relief. It’s a way to get the tax, penalties, and interest taken off your plate in the right situation. There are three kinds, and we explain them below.

How we fight it

We figure out where the debt came from. Whose income, whose deductions, what you knew, and when. That’s the base of any request for help.

We pick the right kind of relief, or more than one, and build the request around the facts the IRS cares about.

We protect you while you wait. While your request is being reviewed, the IRS generally can’t take your money or property to collect it.

If relief isn’t possible, we look at your other options, starting with whether the bill itself is even right.

Innocent spouse relief

Three kinds of help

Each has its own rules. Some have deadlines that start once the IRS begins collecting from you.

01

You didn't know

Help when your spouse left something off the return, and you didn't know and had no reason to know.

02

Split the debt

Divides the tax between you as if you'd filed on your own. This is usually for people who are divorced, separated, or living apart.

03

It's not fair

Help when making you pay would be unfair. This can sometimes cover tax that was reported but never paid.

Katrina Gangluff

“So many people tell us, 'But the decree says it's his debt.' The IRS doesn't see it that way. The sooner we know, the more options you have.”

Katrina Gangluff
Your next move

What to do right now

Questions? (501) 209-7393
  1. 1

    Gather the paperwork

    The joint tax returns, your divorce decree, and any IRS letters sent to you.

  2. 2

    Note when the IRS started collecting

    For example, money taken from your paycheck or bank, or a refund kept. Some deadlines start from that date.

  3. 3

    Don't count on the decree

    Your divorce decree doesn't stop the IRS from collecting from you.

  4. 4

    Book a free consultation

    It's free, and you'll know where you stand by the end of the call.

Straight answers

Questions about tax debt after divorce

My divorce decree says my ex has to pay the taxes. Doesn't that protect me?

Not from the IRS. Your decree is between you and your ex. The IRS wasn't part of it. They can still collect a joint debt from either of you. The decree may help you go after your ex, but it won't stop the IRS.

What is innocent spouse relief?

It's a set of protections that can take you off the hook for tax, interest, and penalties caused by your spouse or ex. For example, income they didn't report or deductions you didn't know about. There are different kinds with different rules. Some have deadlines.

Is there a deadline to ask for help?

For some kinds, yes. Some requests have to be made within two years after the IRS first starts collecting from you. Others give you more time. Don't assume you have plenty of time.

The IRS kept my refund to pay my ex's debt. Is that the same thing?

Usually not. That's called injured spouse. It's when your share of a joint refund went to pay a debt that belongs only to your spouse. It has its own form, and we can help with that too.

Picture a few months from now

You open the mail without your stomach dropping.

The IRS calls us, not you. The balance has been fought down to what you actually owe, if anything, and whatever's left has a plan in writing built on your real numbers. And you've stopped carrying this alone. That's what we're working toward, starting with one free conversation.

(501) 209-7393

Private · Confidential · No obligation

Based in Central Arkansas, serving all 50 states

Talk to Katrina: (501) 209-7393