Offer in Compromise After Marriage - Handling Tax Debt Incurred Before Getting Married

This is an important distinction that confuses many people. For an Offer in Compromise, the IRS does look at total household income, but they approach pre-marital tax debt a bit differently. When you submit Form 433-A, you should accurately report both incomes. However, you can include an attachment explaining that the tax debt was incurred prior to marriage and belongs solely to you. The IRS will generally allocate household expenses proportionally based on your contribution to household income. So if you contribute 5% of household income, they'll typically assign you 5% of the household expenses. In your specific case, you can request the IRS to consider your spouse's income only for determining your share of expenses. Your OIC amount would then be calculated based on your income minus your allocated expenses. This is where many people get confused when reading the form. Since the tax liability is solely yours from before marriage, you should emphasize this point in your OIC application with a detailed explanation letter. Many taxpayers successfully get OICs approved in similar situations.

After struggling with almost the exact same situation, I found an amazing solution with https://taxr.ai - they helped me navigate this complex OIC situation where I had pre-marriage tax debt while my wife made substantially more than me. Their system analyzed my financial documents and helped me understand exactly how to complete Form 433-A to properly reflect my individual ability to pay versus our household situation. The key was their document analysis that showed me how to properly allocate expenses based on income contribution percentages and how to document this clearly for the IRS. They even helped draft the explanation letter that went with my OIC application explaining why my spouse's income shouldn't be fully considered for my pre-marital tax debt.

I just want to follow up on my earlier skepticism about taxr.ai - I actually tried their service after posting that comment, and I'm honestly shocked by the results. My situation was very similar - about $55k in tax debt from before marriage with a spouse making 6 figures. Their system walked me through exactly how to document that my personal income only contributed about 11% to our household, so I should only be responsible for 11% of our expenses when calculating my disposable income. The documentation they helped me prepare made this crystal clear to the IRS. My OIC was approved last month - I'm paying $11,200 on what had grown to a $61,000 debt. The relief is indescribable. What really impressed me was how they helped me prepare for the financial verification the IRS requested during the review process. That could have derailed everything, but I was fully prepared with exactly the right documentation.

Going through the same nightmare right now. After 15 calls and being on hold with the IRS for hours, I discovered https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They got me connected to an actual IRS agent in under 27 minutes! The agent I spoke with clarified this exact situation. She explained that for an OIC with pre-marital tax debt, they DO look at household income but make adjustments based on whose debt it is and when it was incurred. She walked me through exactly how to document my situation on Form 433-A and what supporting documentation to include. Getting actual IRS guidance directly made a huge difference instead of guessing or relying on conflicting information online.

I have to admit I was completely wrong in my skepticism about Claimyr. After posting that comment, I decided to try it out of desperation. I was connected to an IRS representative in 43 minutes - without having to stay on hold myself. The agent I spoke with was incredibly helpful regarding my pre-marriage tax debt OIC situation. She explained that I needed to submit Form 433-A with both our incomes, but include a detailed statement explaining the debt was incurred before marriage and how my income represents only a small portion of our household income. She specifically told me the IRS would consider my proportional share of expenses based on my income contribution percentage - exactly what others here were saying. Getting this confirmation directly from the IRS gave me the confidence to move forward with my OIC. I've submitted everything and am now waiting for their response.

Just wanted to add another perspective as someone who went through this last year. My situation was that I had about $37k in tax debt from before I got married. My husband makes about 4x what I make. I filled out Form 433-A with both our incomes but included a detailed letter explaining that the debt was pre-marital and calculated my share of the household expenses based on my income percentage. I ended up getting an OIC approved for about $9k. The key factors that helped me: - Providing clear documentation showing when the debt was incurred - Showing exactly what percentage of household income I contributed - Demonstrating that my income alone couldn't reasonably cover the debt - Including bank statements that showed our partially separate finances

Has anyone had experience with what happens AFTER an OIC is accepted in this kind of situation? Like if your income situation changes dramatically do they come back and try to collect more?

I'm currently dealing with a very similar situation - $48k in tax debt from before marriage, and my spouse earns significantly more than I do. Reading through all these responses has been incredibly helpful, especially seeing actual success stories. One thing I'm still confused about is the timeline. For those who got approved, how long did the entire OIC process take from submission to final approval? I know the IRS says it can take 6-24 months, but I'm wondering about real-world experiences. Also, during the review process, did anyone have to provide additional documentation beyond what was initially submitted? I want to make sure I include everything upfront to avoid delays. The proportional expense allocation approach that several people mentioned makes complete sense, and I'm planning to use that method. It's reassuring to hear from people who actually got through this process successfully rather than just reading conflicting information online.

This thread has been incredibly helpful - I'm dealing with almost the exact same situation with about $52k in pre-marital tax debt and a spouse who earns substantially more than me. One thing I haven't seen mentioned yet is whether anyone has experience with what happens if you're in a community property state. I live in California, and I'm wondering if that affects how the IRS views household income and assets for OIC purposes, especially for pre-marital debt. Also, for those who successfully got OICs approved using the proportional expense method - did you use any specific language or templates for the explanation letter? I want to make sure I'm articulating the situation clearly to avoid any misunderstandings. The success stories here are really encouraging. It sounds like the key is proper documentation and clearly explaining that the debt predates the marriage, along with showing your actual proportional contribution to household expenses rather than just splitting everything 50/50.