If my husband has not filed his taxes in the 5 years we’ve been married, how do I protect myself in a divorce from his tax liability?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband has not filed his taxes in the 5 years we’ve been married, how do I protect myself in a divorce from his tax liability?
Asked on June 21, 2012 under Family Law, Texas
Answers:
Brad Micklin / The Micklin Law Group
Answered 12 years ago | Contributor
There are several ways to insulate yourself from your husband's income tax liability in a divorce. First, you should file separate income tax returns for those years so that the IRS will not seek to impose liability upon you. Additionally, you can seek either at trial or through a property settlement agreement for your husband to accept the liability for the tax and to indemnify and hold you harmless from any and all liability.
However, you must remember that the Internal Revenue Service is not bound by any judicial decision or agreement that you reach with your husband. The Internal Revenue Service has its own procedures by which you can seek to insulate yourself from his liability. One is to file for "innocent spouse" relief, which is a petition to indicate that you are not and should not be responsible for the liability and income tax. This is a process you can file with the Internal Revenue Service. Additionally, you can file for what is called "equitable relief" from the Internal Revenue Service which is similar to innocent spouse relief but is a broader relief the Internal Revenue Service will provide if you do not qualify for "innocent spouse" relief.
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.