Innocent Spouse Relief
Don't pay for your spouse or ex-spouse's tax mistakes. Innocent Spouse Relief can free you from tax debt you didn't know about or didn't cause.
See If You Qualify
What is Innocent Spouse Relief?
When you file a joint tax return, both spouses are jointly and individually responsible for the entire tax liability — even if only one spouse earned the income or made the error. This is called "joint and several liability."
Innocent Spouse Relief allows you to be relieved of tax liability resulting from your spouse or former spouse's errors, fraud, or underreported income on a joint tax return.
Important: You may qualify for relief even if you're still married. You don't have to be divorced or separated.
Three Types of Innocent Spouse Relief
The IRS offers three forms of relief, each with different requirements.
Traditional Innocent Spouse Relief
For understatements of tax due to erroneous items (unreported income, incorrect deductions) on a joint return.
Requirements:
- You didn't know about the error
- It would be unfair to hold you responsible
Separation of Liability
Divides the understatement of tax between you and your spouse based on who was responsible for which items.
Requirements:
- Divorced, legally separated, or widowed
- OR lived apart for 12+ months
Equitable Relief
A "catch-all" provision when you don't qualify for the other types but it would be unfair to hold you liable.
Considers:
- Abuse or financial control
- Economic hardship
- All facts and circumstances
Common Situations We Help With
Unreported Business Income
Your spouse had a side business and didn't report all the income.
Fraudulent Deductions
Your spouse claimed deductions that weren't legitimate.
Hidden Assets or Income
Your spouse had income or assets you didn't know about.
Financial Abuse
You were in an abusive relationship and had no control over finances.
Time Limits Apply
Generally, you must request Innocent Spouse Relief within 2 years of the IRS's first collection attempt against you. However, equitable relief has no time limit.
Don't wait — the sooner you apply, the better your chances of success. Contact us today for a free assessment of your situation.
Frequently Asked Questions
What's the difference between innocent spouse and injured spouse relief?
These are two completely separate IRS programs that people often confuse. Innocent spouse relief (Form 8857) protects you when your spouse or ex-spouse made errors or committed fraud on a joint tax return — like hiding income or claiming bogus deductions. Injured spouse relief (Form 8379) applies when the IRS takes your portion of a joint refund to pay your spouse's individual debts, such as past-due child support, defaulted student loans, or prior-year tax obligations that belong solely to them. The situations are different, the forms are different, and the outcomes are different. If you're unsure which applies to you, we can help you figure that out during a free consultation.
How many innocent spouse claims get approved?
The IRS approves roughly 25 to 35 percent of innocent spouse claims, but that number includes many requests filed without professional help or proper documentation. The strength of your case depends heavily on how well you present the facts, what supporting evidence you provide, and whether you choose the right type of relief for your situation. Working with an experienced tax professional who understands IRS procedures can significantly improve your chances of a favorable outcome.
Are there different types of innocent spouse relief?
Yes. The IRS provides three distinct forms of relief under the innocent spouse umbrella. Traditional innocent spouse relief applies when your spouse understated the tax due through erroneous items you didn't know about. Separation of liability divides the understated tax between you and your spouse based on who was actually responsible for each item. Equitable relief serves as a broader option when you don't qualify for the other two types but it would still be unfair to hold you liable. Each type has its own eligibility requirements and applies to different circumstances, which is why having a professional evaluate your situation matters.
Can I file for innocent spouse relief if I'm still married?
Yes, you absolutely can. You do not need to be divorced or legally separated to request relief. You can even request equitable relief while still living with your spouse. That said, being divorced or separated generally strengthens your case because it demonstrates a clear break from the financial relationship. But plenty of claims are successfully granted to people who are still married, particularly in situations involving financial control, abuse, or a genuine lack of knowledge about the spouse's tax activities.
How long does the innocent spouse process take?
Most innocent spouse cases take between 6 and 12 months from the time you file Form 8857 to a final determination. Part of the reason it takes so long is that the IRS is required by law to notify your current or former spouse about your claim and give them an opportunity to respond. If the IRS denies your request and you appeal, that can add several more months to the timeline. During this process, we stay on top of deadlines and communications so nothing falls through the cracks.
What if my spouse won't cooperate or is hostile about the claim?
Your spouse's cooperation is not required for you to pursue innocent spouse relief. The IRS will notify them about your claim as part of the process, but their objection alone will not prevent the IRS from granting you relief if the facts support your case. In situations involving domestic abuse or intimidation, you can request that the IRS limit the information shared with your spouse and provide additional protections. Many of our clients are in difficult personal situations, and we handle these cases with the sensitivity and discretion they require.
Is there a deadline for filing an innocent spouse claim?
It depends on which type of relief you're requesting. Traditional innocent spouse relief and separation of liability generally must be filed within 2 years of the IRS's first collection attempt against you. However, equitable relief has no strict time limit, which means you may still have options even if years have passed since the original tax issue. This flexibility makes equitable relief an important fallback for people who missed the 2-year window. If you're unsure whether you're still within the deadline, contact us — we can review your IRS account transcripts and determine exactly where you stand.
Related Tax Relief Services
Depending on your situation, these services may also help:
Offer in Compromise
If innocent spouse relief doesn't fully resolve your liability, an Offer in Compromise may allow you to settle the remaining balance for less than what you owe.
Unfiled Tax Returns
If you have missing returns that need to be filed before or during the innocent spouse process, we can help you get back into compliance with the IRS.
Penalty Abatement
Even after innocent spouse relief, penalties on your portion of the tax debt may remain. Penalty abatement can help reduce or eliminate those additional charges.
Don't Pay for Someone Else's Mistakes
Find out if you qualify for Innocent Spouse Relief. Your consultation is free and confidential.