IRS Collections After a Florida Divorce: Can You Still Be Held Liable?

Divorce may legally end a marriage, but it doesn’t always sever joint tax obligations. Many Florida residents are surprised to learn they may still be responsible for Internal Revenue Service (IRS) tax debt linked to a former spouse, even years after the relationship ends.

Whether you filed jointly during the marriage or unknowingly signed a return with inaccurate information, the IRS can pursue collection actions against either or both parties. Our experienced Florida tax-IRS attorney explains how tax liability works after divorce and offers tips to protect your financial future.

When the IRS Can Collect from You After Divorce in Florida

Under federal tax law, both spouses are jointly and severally liable for taxes owed on a jointly filed return. The IRS can collect the full amount from either spouse, regardless of what the divorce agreement says.

According to IRS rules, even if your divorce judgment states that your ex is responsible for the debt, the IRS isn’t bound by that private agreement. You may still be liable if:

• You filed a joint return during the marriage that resulted in tax debt.
• Your ex-spouse failed to report income or claimed improper deductions.
• You signed the return without thoroughly reviewing it.
• There was a balance owed that neither of you paid.
• The IRS believes you were aware of the error or underpayment.

Florida divorce courts may order one spouse to pay the tax debt, but the IRS can still pursue the other spouse for collection. This includes garnishing wages, seizing bank funds, and filing federal tax liens against property, even after the marriage has ended.

How to Protect Yourself from IRS Liability After Divorce

The IRS offers programs that can help protect you against federal tax liability after a Florida divorce. Depending on your situation, you may be eligible for:

• Innocent Spouse Relief, if you didn’t know and had no reason to know about the error.
• Separation of Liability Relief splits the tax debt between you and your ex-spouse.
• Equitable Relief, if holding you liable would be unfair.
• If the IRS is actively trying to collect, a collection Due Process hearing.
• Amended filings or offers in compromise.

Our Florida tax attorney can explain each of these options, whether they apply in your particular case, and guide you in the best course of action to reduce tax liability.

To Protect Against Tax Debts in a Divorce, Contact Our Experienced Florida Tax/IRS Attorney Today

Is the IRS pursuing you for tax debts linked to your former spouse? Don’t assume your divorce decree protects you. Fortunately, there are options that can help protect you and reduce IRS tax liability, but you need to act quickly.

As a licensed attorney, Certified Public Accountant, and former FBI Special Agent, Ronald Cutler has provided trusted legal guidance to clients on state and federal tax matters for over 50 years. To protect yourself against tax problems during or after a divorce, contact our office and request a confidential consultation.

Sources

irs.gov/individuals/innocent-spouse-relief

irs.gov/individuals/separation-of-liability-relief