When a joint return understated tax because of your spouse’s errors or omissions, you should not be held responsible. Innocent Spouse Relief can free you from that liability.
When you file a joint tax return, both spouses are normally jointly and severally liable — meaning the IRS can pursue either person for the entire balance, even after a divorce. That is deeply unfair when the debt came from income or deductions you did not know about. Innocent Spouse Relief exists precisely for this situation.
Three types of relief
Innocent Spouse Relief — for understated tax caused by your spouse's erroneous items that you did not know about.
Separation of Liability — divides the additional tax between you and a former or separated spouse.
Equitable Relief — a catch-all for situations where it would be unfair to hold you liable, including correctly reported but unpaid tax.
Time limits apply
Requests generally must be made within two years of the IRS first attempting to collect from you (with exceptions for equitable relief). Do not wait. See IRS — Innocent Spouse Relief.
These cases turn on the facts: what you knew, whether you benefited from the unpaid tax, and your current circumstances. We build the documentation and narrative to give you the strongest possible claim.
Don't pay for a spouse's tax mistakes.
Get a no-obligation review of your tax situation and a clear plan for resolving it.
Yes. Divorce does not erase joint liability on its own, but Innocent Spouse Relief and Separation of Liability are specifically designed for separated and divorced taxpayers. A divorce decree saying your ex owes the tax does not bind the IRS — relief must be requested directly.
Signing a joint return does not automatically disqualify you. The question is whether you knew or had reason to know of the understatement, and whether holding you liable would be unfair. Many people who signed still qualify.
Generally within two years of the first IRS collection activity against you, though equitable relief has a longer window. Because timing is critical, have your situation reviewed as soon as possible.
Resolve Your IRS Tax Debt with Confidence.
Answer a few questions online or speak directly with our certified team. We'll help you understand your tax relief options and take the next right step.