Call for Free Consultation

Innocent Spouse relief

Secure relief from married joint tax liabilities with help from our experienced Innocent Spouse Relief attorneys.

Find Out If You Qualify for Tax Relief in 4 Easy Steps!

Check Your Eligibility for Tax Settlement Today!

What is Innocent Spouse relief?

IRS Innocent Spouse Relief protects you from being unfairly charged for tax mistakes made by your spouse on a joint return. You have three options: Standard Innocent Spouse Relief, Separation of Liability Relief, and Equitable Relief, each tailored to different situations. Acting quickly to secure the right relief can help avoid serious consequences like wage garnishment, tax levies, and federal liens, ensuring your finances are protected.

A+ Rated Innocent Spouse Relief Attorneys

If your spouse made tax mistakes, you shouldn’t have to pay the price. Yet every year, thousands of taxpayers are blindsided by IRS debt caused by a current or former spouse—debts they didn’t create and didn’t know about. This is addressed through a legal provision known as Innocent Spouse Relief. This IRS program allows you to legally separate yourself from joint tax liability tied to your spouse’s errors—such as unreported income, inflated deductions, or fraud on a joint tax return.

Our attorneys have successfully resolved complex Innocent Spouse Relief cases nationwide, including those involving prior denials, high-dollar liabilities, and urgent collection threats. With over 40 years of collective experience, we’ve earned the trust of clients in all 50 states, including high-stakes cases in California, Maryland, and New York. Our firm is A+ BBB accredited, backed by over 1,000 five-star reviews, and honored with awards.

Explore more about our tax debt relief services.

Eligibility Requirements for Spouse Relief

Who Qualifies for Innocent Spouse Relief?

You must meet specific criteria before you can qualify. According to IRS Publication 971, you may be eligible for Innocent Spouse Relief if all of the following are true:

You filed a joint tax return with your spouse or former spouse
The return included an understatement of tax caused by your spouse’s actions
You did not know, and had no reason to know, about the error when signing the return
It would be unfair to hold you responsible for the resulting debt
You submit IRS Form 8857 within two years of the IRS taking action to collect

These rules exist to protect those who were left out of financial decisions or misled about the accuracy of a return. Timing and documentation are essential.

Innocent Spouse Relief vs. Injured Spouse Relief

Many taxpayers confuse these two programs, but they are completely different. Innocent Spouse Relief removes your responsibility for taxes caused by your spouse’s errors on a joint return, while Injured Spouse Relief is used when the IRS takes your portion of a joint refund to cover your spouse’s separate debts, such as child support or student loans.

Not sure which applies to your situation? Read Types of innocent spouse relief here.

How Our Service Simplifies Innocent Spouse Tax Relief

We offer expert relief to help you stop tax debts caused by your significant other and reclaim your financial stability.

Why Do You Need a Tax Lawyer for Innocent Spouse Relief?

Innocent Spouse Relief is not a courtesy extended by the IRS—it is a legal request that must be supported by facts, documents, and a compelling argument. The burden of proof is on the applicant. If the claim lacks legal clarity or fails to meet IRS fairness standards, it is denied, and collection efforts often continue without delay. The result can be wage garnishment, liens, or IRS enforcement actions you never expected.

An experienced innocent spouse relief lawyer understands how to prepare Form 8857 not just accurately, but strategically. At J. David Tax Law, we evaluate the underlying liability, assess your knowledge of the return, and build a case that addresses the IRS’s most common objections. We also represent clients in appeals and ensure their rights are protected throughout the process—especially in cases where Form 8857 has already been denied.Our tax specialists assist in accurately addressing any compliance issues, ensuring that all tax filings are correct and timely, and that any outstanding obligations are properly managed.

Discover the 5-star experience that keeps our clients coming back—

Free consultation

Speak to one of our managing attorneys today to find out how you can resolve your tax matter.

Qualify for a chance at complete tax debt forgiveness today!

What Actions Can You Take If Your Innocent Spouse Relief is Denied?

If you do not qualify for Innocent Spouse Relief, you may still have other options to avoid or mitigate the tax liabilities arising from a spouse’s tax issues. Here are a few alternatives to consider:

Equitable Relief IRS

Equitable Relief IRS is an option for those who don’t qualify for innocent spouse relief under Section 6015. The IRS may grant this relief when it would be unfair to

hold you responsible for unpaid taxes or a tax deficiency. To qualify, you must file a joint tax return and meet specific deadlines: 10 years after the tax is assessed or within 3 years after the return is filed or 2 years after payment. Additionally, no fraudulent transfer of assets between spouses should have occurred, and the tax debt must be related to the other spouse’s tax items. This relief is detailed in Form 8857 and IRS Publication 971.

Separation of Liability Relief

Separation of Liability Relief under Section 6015(c) is another tax relief option for those who don’t qualify for innocent spouse relief. It allows taxpayers to divide

the liability for any understated tax on a joint tax return if they are no longer married or legally separated. You must file for this relief within two years from the start of IRS collection activities. To be eligible, the taxpayer filing must either be divorced, legally separated, or have lived apart from their spouse for at least 12 months. Unlike innocent spouse relief, the burden is on the IRS to prove the taxpayer had actual knowledge of the tax items causing the deficiency.

Injured Spouse Relief

Injured Spouse Relief allows a taxpayer to reclaim their share of a refund if it was used to cover their spouse’s past debts, such as unpaid taxes, student loans, or child support.

This relief is available when a joint return is filed, but the taxpayer’s portion of the refund is wrongly applied to the spouse’s liabilities. To request this relief, taxpayers can file IRS Form 8379, which ensures that the injured spouse receives their portion of the refund that was offset due to the other spouse’s debt.

Appeal the Decision

If the IRS denies the spouse relief or makes any decision that one of the spouses disagrees with, either spouse can appeal the decision. An innocent spouse appeal is a

formal process that a spouse can initiate after the IRS has made a decision regarding their request for innocent spouse relief. This relief is sought when one spouse believes they should not be held liable for inaccuracies or understatements of tax that were the result of actions taken by their spouse or ex-spouse on a jointly filed tax return.

Frequently Asked Questions

Your Spouse Relief Questions, Answered

Who is an Innocent Spouse?

An innocent spouse is a person who can be relieved from paying taxes, interest, or penalties if their spouse or former spouse improperly reported or omitted items on their joint tax return. The IRS provides this relief when the innocent spouse can prove they were unaware of the errors and did not benefit from them. This relief aims to protect individuals from being unfairly held responsible for their spouse’s tax mistakes.

What is the Innocent Spouse Relief?

Innocent Spouse Relief is a provision by the IRS that allows a taxpayer to be relieved from the responsibility of paying additional tax if their spouse or former spouse improperly reported or omitted items on their joint tax return. This relief is granted when the innocent spouse can demonstrate that they were unaware of the errors and did not benefit from the underreported or omitted income. Find out if you qualify for innocent spouse relief and protect yourself from unexpected tax debt.

What qualifies for Innocent Spouse Relief?

To qualify for Innocent Spouse Relief, you must meet certain criteria set by the IRS. These include filing a joint return with understated tax due to your spouse’s errors, proving you were unaware of the mistake, and demonstrating that it would be unfair to hold you responsible. Additionally, you must request relief within two years of the IRS attempting to collect the tax. Click here to learn more about the full eligibility requirements.

What are the four types of innocent spouse relief?

The IRS offers four types of Innocent Spouse Relief. First, Innocent Spouse Relief protects you from paying additional taxes due to errors made by your spouse on a joint return that you were unaware of. Next, Separation of Liability Relief allows the tax responsibility to be divided between you and your spouse when you are no longer married, legally separated, or living apart. Equitable Relief is available if you don’t qualify for the other types but it would be unfair to hold you accountable for your spouse’s tax debt. Lastly, Injured Spouse Relief helps recover your portion of a tax refund that was used to cover your spouse’s past debts, such as unpaid child support or loans.

What's the difference between an injured spouse and an innocent spouse?

The difference between an Injured Spouse and an Innocent Spouse lies in their circumstances. An Injured Spouse seeks to recover their share of a tax refund that was used to pay off their spouse’s debts, like child support or student loans. Meanwhile, an Innocent Spouse aims to avoid liability for additional taxes due to their spouse’s errors or omissions on a joint tax return. Our tax lawyers near you can assist with both forms of relief—contact us to get started!

How can your tax attorneys assist with the Innocent Spouse Form?

Our tax attorneys can assist with the Innocent Spouse Form 8857 by evaluating your eligibility, gathering the necessary documents, and completing the form accurately. We also handle communication with the IRS on your behalf, ensuring the best possible outcome for your case. With our reliable tax service, you’ll have guidance through every step of the process, helping to avoid delays or errors.

Additional Resources

Tax Debt

What If I Owe $100,000+ in Back Taxes? Your IRS Relief Options

Owe $100,000+ in back taxes? Learn what triggers IRS enforcement and how to avoid liens, levies, and penalties with the right legal relief strategy.

Tax Debt

When Should You Hire a Tax Attorney? | Signs You Need Legal Tax Help

Not sure if you need a tax attorney? Learn when to hire a tax lawyer, red flags to watch for to protect your finances and future. Call J.David today!

Tax Debt

Why the IRS Might Revoke Your S‑Corp Status | How to Fix It Fast

Struggling with an IRS S‑Corp revocation? Here's what triggers termination, what it costs, and how to fight for reinstatement before it's too late. Call (888) 789-5011 for free guidance!

Tax Debt

Can the IRS Garnish 1099 Wages?

Self-employed and behind on taxes? Learn how the IRS collects from 1099 income earners and how to stop wage levies fast. Call (888) 789-5011 for a free consultation!

Tax Debt

IRS Forgives Tax Debt After 10 Years? | Resolve Before Collection Hits

IRS tax debt can expire after 10 years but the IRS may act before time runs out. In 2025, enforcement is increasing. Call (888) 342-9436 now to stop levies and garnishments.

Tax Debt

How Much Will the IRS Settle For?

Wondering how much the IRS will accept to settle your tax debt? Learn everything about IRS settlements and how to pay less than you owe. Call (888) 789-5011 for immediate consultation!

Trusted by Clients, Recognized by Experts

We provide tax solutions for our clients who have IRS and state tax debts, unfiled returns, audits, etc. We advise you on future compliance that enables your individual or business tax problems to be behind you for good.