Discovering that your spouse owes back taxes can be a shocking and stressful experience. Whether it’s from unpaid income taxes, self-employment tax, or errors on a joint return, the IRS can come after both spouses in many situations. If you’re married and filing jointly, you may be held responsible for tax debts—even if you weren’t aware of the issue. Fortunately, there are legal remedies and proactive steps you can take to protect yourself and your finances.
At The Law Office of Pietro Canestrelli, A.P.C., we help clients throughout Temecula, San Diego, Riverside, San Bernardino, and across California navigate these complex issues.
When Are You Liable for Your Spouse’s Tax Debt?
The IRS generally holds both spouses jointly and severally liable for tax debt incurred on a joint return. This means they can collect the full amount owed from either spouse, regardless of who earned the income or caused the tax issue.
You might face collection actions including:
- IRS wage garnishments
- Bank levies
- Tax liens
- Seizure of tax refunds
If you live in a community property state like California, the IRS may also go after jointly held property or community income.
Explore our page on Liens, Levies & Garnishments for more information on how these tools are used by the IRS.
Legal Protections: Innocent Spouse, Separation of Liability & Equitable Relief
The IRS recognizes that not all spouses should be held liable for each other’s tax issues. There are three main types of relief:
1. Innocent Spouse Relief
This applies when your spouse:
- Failed to report income
- Claimed improper deductions or credits
- Engaged in fraudulent activity
You may qualify if you had no knowledge or reason to know of the issue at the time of signing the return.
2. Separation of Liability Relief
This divides the liability between you and your spouse (or former spouse). It’s available only if:
- You’re no longer married or legally separated
- You weren’t living together for the past 12 months
3. Equitable Relief
If you don’t qualify under the other two, you might still be eligible under equitable relief, which looks at all facts and circumstances.
What If You’re Still Married?
Many people assume that relief is only available after divorce. However, you may qualify for relief even if you’re still married, depending on your knowledge of the tax issue and your level of involvement.
You should speak with a tax attorney to assess your options based on your specific situation.
We help married individuals explore relief at every stage—whether you’re still filing jointly or considering separation.
Steps to Take If Your Spouse Owes Back Taxes
1. Gather Documentation
Start by collecting:
- Past tax returns
- IRS notices or letters
- Proof of your income and assets
- Bank statements, W-2s, 1099s
2. Avoid Joint Filing (If Possible)
If you’re aware of ongoing tax issues, consider filing Married Filing Separately to limit your exposure. While it can increase your tax rate, it can protect you from shared liability.
3. Request IRS Transcripts
This helps uncover what was reported, what’s owed, and the IRS’s timeline.
4. Consult a Tax Attorney
This is critical. An experienced tax lawyer can assess your risk and develop a legal strategy. Visit our Back Tax Representation page to learn how we defend clients in similar circumstances.
5. Respond Promptly to IRS Notices
Delaying response increases risk. If you’ve received a notice, read our guide to IRS Notices to understand what it means and how to act.
Can You Be Audited Because of Your Spouse?
Yes. If your spouse is being audited, and you filed jointly, the audit may involve both of you. The IRS will look at the entire return, and you may be required to provide documents or explanations.
See how our team defends clients during audits on our IRS Audit page.
Divorce, Separation, and Tax Liability
If you’re considering divorce or are already separated, it’s critical to address tax debts in the divorce settlement. Courts can divide the financial responsibility, but the IRS isn’t bound by divorce decrees—they can still collect from either party.
Protect yourself by seeking professional advice before signing any divorce agreement.
FAQs
What happens to my refund if my spouse owes taxes?
The IRS can seize the refund to pay off the debt. You may file Form 8379: Injured Spouse Allocation to claim your portion.
Can the IRS take my wages if the debt is my spouse’s?
Yes, if you filed jointly. If you filed separately and the debt is solely your spouse’s, they generally cannot.
How long does the IRS have to collect?
The IRS typically has 10 years from the date of assessment to collect back taxes.
Why Hire The Law Office of Pietro Canestrelli?
We focus exclusively on IRS and California state tax issues, and we understand the emotional and financial stress of dealing with a spouse’s tax debt. Our team offers personalized solutions, including representation in audits, negotiations with the IRS, and filing for relief.
We proudly serve clients in Temecula, San Diego, Riverside, San Bernardino, and throughout Southern California.
Get Help Today
If your spouse owes back taxes and you’re unsure what to do, don’t wait for the IRS to act. Get trusted legal support.
Contact The Law Office of Pietro Canestrelli, A.P.C. to schedule a confidential consultation.
