If my boyfriend is getting a divorce but his wife received annuity payments and never paid the taxes on them, is he also going to be responsible?

Asked on February 5, 2016 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

This is really a question for an accountant to be answering for you and not an attorney.  I would tell your boyfriend to seek help from a qualified tax preparer or tax attorney asap.  Generally speaking, if he signed the tax return and the annuity payments were not reported he can not claim he was an "innocent spouse" under the tax law.  If they filed separately during that period then he has a shot.  Good luck.

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