If my husband and I owe taxes and I filed for innocent spousal relief now that we are separated, is this considered marital debt?

UPDATED: Aug 27, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 27, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband and I owe taxes and I filed for innocent spousal relief now that we are separated, is this considered marital debt?

Our taxes were based on a business that he owns and operates. I never earned an income yet filed jointly during those years. Since our separation I have filed for innocent spousal relief but I need to know is the taxes owed considered marital debt?

Asked on August 27, 2011 North Carolina


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

Answered 11 years ago | Contributor

The innocent spouse relief that you speak of affords a spouse some protections when the other spouse has mis-stated their income on a joint tax return.  Like assets are classified separate and marital in a divorce, so are debts so classified. Generally if you filed and signed a joint tax return you are both responsible for the debt owed. If you are afforded innocent spouse relief some of the debt may be just his alone.  But what you really need to do is to make sure that this issue is addressed fully in your divorce agreement. You need to spell out exactly what will happen should there be a tax audit and additional taxes owed.  Get yourself a really good attorney.  Good luck to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption