Is IRS debt split in a divorce?

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Is IRS debt split in a divorce?

Asked on November 29, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

Well is certainly can be.  If you are negotiating the payment of debts the parties can agree to split the debt.  It can be a negotiated point.  Now, understand that if one of the parties claims the "innocent spouse" defense and can prove it then you need to re think this.  The IRS is not bound by marital settlement agreements although they can consider them.  Good luck.


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