What happens to a federal and state taxes owed by a couple after a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens to a federal and state taxes owed by a couple after a divorce?
We owe a large amount. I’m just wondering if it’s split or how it works.
Asked on June 13, 2012 under Family Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
It is divided however the final order divides it. If I were you, I would retain a family law attorney and a tax attorney concurrently. Usually divorcing couples split assets and debts equally. You may be benefited by giving your spouse debts other than, but equal to the tax debt and taking on the tax debt yourself. That way you can get a tax attorney and negotiate a settlement with the IRS, therby getting the better end of the deal.
If you don't make a different marital settlement, a judge would most likely apportion the IRS debt equally and the IRS would enforce the debt according to the court order.
Best of luck.
If you are in Ventura County I would love to represent you. Feel free to contact me.
Brad Micklin / Brad M. Micklin, Esq.
Answered 12 years ago | Contributor
Assets and debts are divided under a theory called equitable distribution. Although this does not mean equal distribution, it is often if not most of the time distributed equally. However, with taxes there could be an issue of who is responsible for the underreporting.
It is certainly a marital debt that will be divided. It is just difficult without knowing the cause of the income tax problem to answer the question with specific details.
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.