What To Do When Marrying Someone With Tax Debt & When To Contact A Lawyer
Marrying someone is one of life’s biggest commitments—and it comes with legal and financial implications that can significantly impact your future. One often-overlooked issue is marrying someone with existing tax debt. If your partner owes back taxes to the IRS or the State of California, you may be wondering: how will this affect me? What protections do I have? And when should I seek legal help?
At The Law Office of Pietro Canestrelli, A.P.C., we help clients throughout Temecula, San Diego, Riverside, San Bernardino, and across California navigate complex tax issues, including how marriage can impact your financial and legal exposure to your spouse’s tax liabilities.
Understanding Tax Debt and Marriage
The IRS does not automatically transfer one spouse’s tax debt to the other. However, certain filing choices and financial mingling can expose the non-liable spouse to consequences, such as:
- Refund seizures
- Wage garnishments
- Liens on jointly held property
When you file a joint tax return, both spouses become jointly and severally liable for any tax owed. This means the IRS can pursue either spouse for the full debt—even if only one incurred it.
Before You Say “I Do”: Steps to Protect Yourself
1. Have the Tax Conversation Early
Transparency is key. Discuss any outstanding IRS or California Franchise Tax Board (FTB) debt your partner may have. This allows you to plan accordingly.
2. Request IRS Transcripts
Ask your partner to obtain IRS account transcripts to verify the status and amount of their debt. An experienced tax attorney can help review these documents.
3. Keep Finances Separate
Until the debt is resolved, maintain separate bank accounts, credit cards, and assets. Avoid co-mingling funds which could expose your assets to IRS collection efforts.
4. Avoid Joint Tax Filings
File as “Married Filing Separately” to protect yourself from becoming jointly liable for new tax debts.
After Marriage: Monitor and Plan
Even after marriage, steps can be taken to reduce risk:
- Consider prenuptial or postnuptial agreements
- Monitor IRS notices or liens that may affect jointly owned property
- Work with a tax planning attorney to create a long-term strategy
When to Contact a Tax Attorney
You should speak with a qualified tax lawyer if:
- Your partner has significant IRS or FTB debt and you’re unsure how it may impact you
- You’ve received an IRS notice involving your spouse’s debt
- You’re considering filing jointly and want to understand the risks
- You need help negotiating an Innocent Spouse Relief or an Installment Agreement
Common Legal Remedies
Innocent Spouse Relief
You may qualify for relief from joint liability if you filed a joint return and your spouse improperly reported income or deductions.
Injured Spouse Allocation
If your refund is seized due to your spouse’s debt, you may be eligible to recover your portion.
Offer in Compromise or Installment Agreement
If your spouse is actively resolving their tax debt, a tax attorney can help negotiate more favorable terms with the IRS.
Special Considerations for California Residents
California is a community property state. This means income and property acquired during the marriage is generally considered jointly owned—even if only one spouse earned it. This can complicate IRS collections and refund allocation.
Navigating community property and tax debt requires detailed knowledge of both federal and California tax law. Contacting a lawyer early can help you avoid costly mistakes.
FAQs
Will I be liable for my spouse’s tax debt after marriage?
Not automatically. But joint filings, shared assets, or community property rules could make you vulnerable.
What if the IRS takes my refund?
You may qualify for Injured Spouse Allocation and recover your portion of the refund.
Can a prenup help?
Yes, a prenuptial agreement can outline asset division and limit liability exposure, especially in community property states.
When is it too late to protect myself?
The sooner you act, the better. Even after marriage, legal tools exist to limit exposure, but options narrow over time.
Contact The Law Office of Pietro Canestrelli
If you’re marrying someone with IRS or California tax debt—or already married and dealing with the consequences—don’t wait. Legal guidance can mean the difference between financial security and unexpected liability.
Contact our office today for a confidential consultation. We serve clients in Temecula, San Diego, Riverside, San Bernardino, and throughout California.
