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Innocent Spouse Relief: Escape Your Ex's Tax Debt

Your former spouse caused the tax problem on a joint return. You should not have to pay for it. Here is how innocent spouse relief works.

By Darrin T. Mish, tax attorney1 min read

Three Types of Relief

Classic relief for understatements caused by the other spouse. Separation of liability for divorced or separated spouses. Equitable relief when the other two do not apply but holding you liable would be unfair.

Common Scenarios

Your spouse underreported business income. Your spouse had unreported side income. Your signature was forged. You signed under coercion. Many of these situations can be raised on Form 8857, and a forged signature can mean there was never a valid joint return at all.

The law recognizes that signing a joint return does not make you responsible for your spouse's mistakes.

This guide is general information about federal tax law, not legal advice for your situation. Reading it does not create an attorney-client relationship.

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