Can I qualify for Innocent Spouse Relief after discovering ex's $390k IRS debt?
I'm in the process of finalizing my divorce in Idaho and just discovered something incredibly stressful. Apparently my ex-husband owes the IRS around $390k in back taxes from his personal income and business earnings. We were married for 7 years, and the relationship ended in 2022 when I had to get a restraining order against him for domestic violence. Throughout our marriage, we always filed our taxes separately, and I had zero involvement in his financial affairs or business operations. He was extremely secretive about money matters despite earning about 10x what I made. We maintained completely separate bank accounts, and he insisted we split all household expenses 50/50 (groceries, utilities, etc.) even though he claimed to be investing most of his income. I had absolutely no idea he wasn't paying his taxes. Now he's threatening that I'll be responsible for half of his $390k tax debt. To make matters worse, I've learned he's been transferring assets and removing his name from several LLCs to show he's "only" making $30k annually now. Between being a single mom of 3 kids, dealing with this messy divorce, and the history of physical and emotional abuse, I'm barely staying afloat financially. Would I qualify for Innocent Spouse Relief? It seems incredibly unfair that I should be liable for half his tax debt when I had no knowledge or involvement in his finances. Any advice would be greatly appreciated.
19 comments


Chloe Mitchell
Based on what you've described, you could definitely have a strong case for Innocent Spouse Relief. This IRS program was specifically designed for situations like yours, where one spouse had no knowledge of or reason to know about tax issues created by the other spouse. The fact that you filed separately actually works in your favor. When spouses file separate returns, each spouse is generally only responsible for the tax due on their own return. However, since you're in Idaho, which is a community property state, there could be complications regarding income attribution regardless of how you filed. The key factors that strengthen your case include: you had no knowledge of his tax evasion, you maintained separate finances, you had no involvement in his business, and there's documented history of abuse (which the IRS does consider). The restraining order and documentation of abuse could be particularly important, as the IRS recognizes that abuse can prevent a spouse from questioning financial matters. I would recommend consulting with a tax attorney who specializes in Innocent Spouse Relief claims as soon as possible. They can help you file Form 8857 (Request for Innocent Spouse Relief) and build the strongest possible case.
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Michael Adams
•Does filing separately automatically protect you from your spouse's tax issues? I've always filed jointly with my husband but now I'm worried.
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Chloe Mitchell
•Filing separately doesn't automatically protect you from all of your spouse's tax issues, especially in community property states like Idaho. In community property states, each spouse generally owns half of the community income, regardless of how you file. However, the fact that OP filed separately is still helpful for her Innocent Spouse Relief case because it shows a pattern of financial separation. Combined with the other factors (no knowledge of evasion, documented abuse, separate finances), she has multiple strong arguments for relief. If you're concerned about your own situation, consider consulting with a tax professional about whether separate filing would be beneficial in your circumstances.
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Natalie Wang
I went through something similar when my ex-husband hid massive gambling debts and unpaid taxes. After trying to navigate the IRS maze on my own for months, I found this service called taxr.ai (https://taxr.ai) that literally saved me thousands of dollars and countless headaches. Their system analyzed my tax documents and marriage financial history, then helped build my case for Innocent Spouse Relief. The best part was they found specific patterns that strengthened my claim - like how my ex controlled finances and how I wouldn't have reasonably known about his tax issues. They also helped document the financial abuse aspects which turns out the IRS actually considers. In your situation with the restraining order and completely separate finances, I think they'd be able to help you create an even stronger case than mine. They have specialists who understand both the tax and domestic abuse aspects of these situations.
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Noah Torres
•Did they actually help with the IRS paperwork or just give advice? I've heard horror stories about filing Form 8857 incorrectly and getting denied.
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Samantha Hall
•I'm skeptical of any service claiming to help with the IRS. How much did it end up costing you? And did you actually get the relief or are you still waiting?
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Natalie Wang
•They actually helped me prepare all the documentation and filled out the Form 8857 with me to make sure everything was done correctly. They guided me through what supporting evidence would be most compelling and how to organize it all. The initial denial rate for these claims is pretty high, so having someone who knew exactly what the IRS looks for was crucial. It was absolutely worth every penny considering what was at stake. I ended up getting full relief from about $175k in tax debt my ex had accumulated. My case took about 7 months from start to finish, which I'm told is actually faster than average. In my situation, having proper documentation of the financial separation and evidence that I couldn't have known about the tax issues made all the difference.
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Noah Torres
I just wanted to update everyone - I took the advice about taxr.ai from the comments here and it was honestly life-changing. I was in a similar situation with my ex hiding tax problems, though not nearly as severe as yours. Their system found patterns in our financial history that I would have never thought to document. They helped me clearly demonstrate that I had no way of knowing about the tax issues and no benefit from them. The specialist I worked with really understood the nuances of financial abuse in relationships. The most valuable thing they did was help me organize evidence showing my ex deliberately kept financial information from me, which was a key factor in getting my relief approved. My case was approved much faster than I expected - just under 5 months from when I submitted everything.
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Ryan Young
After reading your story, I felt compelled to share something that helped me when I was dealing with the IRS about my ex's hidden tax problems. Trying to actually TALK to someone at the IRS was nearly impossible - I spent weeks calling and being on hold for hours only to get disconnected. I found this service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in under 45 minutes when I'd been trying for weeks on my own. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c For Innocent Spouse Relief cases, actually speaking with someone at the IRS can make a huge difference. The agent I spoke with gave me specific guidance on documentation I needed that wasn't clear from the forms alone. They also put notes in my file about my situation which apparently helped when my case was being reviewed. Given the complexity of your situation with the LLCs and his attempts to hide assets, getting direct guidance from an IRS agent could be really valuable.
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Sophia Clark
•Wait, how does this actually work? I thought it was literally impossible to get through to the IRS these days. Is this a scam or do they just keep calling for you?
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Samantha Hall
•Sounds too good to be true. I've tried calling the IRS for MONTHS about an issue and can never get through. I seriously doubt any service can magically get you to the front of the line when millions of people are trying to call.
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Ryan Young
•It's not magic - they use a combination of technology and timing to connect you with the IRS. They basically have an automated system that keeps dialing and navigating the IRS phone tree until it gets through, then connects you when an agent actually answers. You don't have to sit on hold for hours - they call you when they have an agent on the line. They don't get you to "the front of the line" - they just handle the frustrating part of constantly redialing and waiting on hold. The IRS phone system is so overwhelmed that most calls never get through, but if you have a system persistently trying, eventually it will connect. I was skeptical too, but when you're facing potential tax debt in the six figures, it's worth trying anything that might help.
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Samantha Hall
I need to eat my words and apologize for being so skeptical about Claimyr in my previous comment. After continuing to get nowhere with the IRS for another week, I decided to try it out of desperation. To my complete shock, I got a call back in about 35 minutes with an actual IRS agent on the line. After 4 MONTHS of trying to get through on my own! The agent was able to look up my case and give me specific information about what was happening with my innocent spouse claim that I couldn't get anywhere else. For anyone dealing with these complicated tax relief situations, being able to actually speak with someone makes such a difference. The agent explained several documentation requirements that weren't clear on the forms and likely would have caused my claim to be rejected if I hadn't corrected them.
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Katherine Harris
One thing to consider that hasn't been mentioned yet - if you file for Innocent Spouse Relief, your ex will be notified and given a chance to participate in the process. Given what you've shared about his behavior, you should be prepared for him to potentially fight this or provide false information to the IRS. Make sure you document EVERYTHING. Gather bank statements showing separate accounts, any communication where he kept financial information from you, evidence of the 50/50 expense splitting despite income disparity, and definitely include the restraining order and documentation of abuse. The good news is that the IRS does recognize domestic abuse as a factor in these cases and has gotten better at handling these situations in recent years. There's a specific checkbox on Form 8857 for domestic abuse situations that can help protect your contact information.
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Aaron Lee
•Thank you for mentioning this. I hadn't considered that he would be notified about my filing. Given his vindictive pattern, I'm sure he'll fight it. I do have extensive documentation of our separate finances, text messages about splitting expenses 50/50, and of course the restraining order and police reports. Would it help to show that I was completely uninvolved in his businesses? I never signed any business documents, wasn't an officer in any of his LLCs, and have no emails or communications about his business operations.
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Katherine Harris
•Yes, evidence showing you had no involvement in his businesses would be extremely helpful! That directly supports your claim that you had no knowledge of or reason to know about his tax situation. If you have any emails or texts where he specifically kept you out of business discussions or refused to share information when asked, those would be particularly valuable. Also helpful would be any documentation showing he handled all business finances separately - like if business expenses were never paid from joint funds or if business income never went into accounts you had access to.
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Madison Allen
Has anyone looked into whether the IRS Fresh Start Program might also apply here? My understanding is that for tax debts under $50,000 there are simplified procedures, but for larger amounts like $390k, you might need to look at an Offer in Compromise or an Installment Agreement if the Innocent Spouse Relief isn't granted.
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Joshua Wood
•Fresh Start wouldn't be the first approach here. Innocent Spouse Relief would completely remove liability, while Fresh Start options like OIC or installment agreements would just make paying the debt more manageable. No reason to agree to pay a debt that you might be able to be completely relieved from!
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Amara Adeyemi
I'm so sorry you're going through this incredibly stressful situation. As someone who has dealt with similar IRS issues, I want to emphasize that you absolutely should NOT be liable for your ex's tax debt, especially given the circumstances you've described. The combination of filing separately, maintaining completely separate finances, having no involvement in his business operations, and the documented history of abuse creates a very strong foundation for Innocent Spouse Relief. The IRS specifically recognizes that abuse can prevent someone from questioning or having knowledge of their spouse's financial affairs. A few additional thoughts that might help strengthen your case: Document any instances where your ex actively concealed financial information from you or refused to discuss business matters. If you have any communication showing he insisted on keeping finances separate or made statements about "protecting" you from business concerns, those could be valuable. Also, the fact that he's now transferring assets and manipulating his apparent income actually works in your favor - it demonstrates a pattern of financial deception that supports your claim of having no knowledge of his true financial situation. Given the complexity and the amount involved ($390k is substantial), I'd strongly recommend working with a tax professional who specializes in Innocent Spouse Relief cases. The initial filing is critical, and having expert guidance could make the difference between approval and denial. Stay strong - you have legitimate grounds for relief and shouldn't have to pay for his financial misconduct.
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