How Does IRS Innocent Spouse Relief Work?

This article applies to IRS tax relief programs available to married and formerly married taxpayers in the United States.

IRS Innocent Spouse Relief protects you from being held responsible for your spouse or ex-spouse’s tax mistakes on a joint return, if you didn’t know or had no reason to know about the error.

What This Means

When you file jointly with your spouse, both of you are normally responsible for the entire tax bill — even if the underpayment or error was entirely their fault. Innocent Spouse Relief is the IRS’s way of giving you a legal exit if that’s unfair or unjust.

Why It Happens

Some people don’t realize their spouse hid income, claimed improper deductions, or failed to pay the tax due. After divorce or separation, they may be shocked to receive IRS notices for tens of thousands in back taxes. This is where Innocent Spouse Relief comes in.

Who It Affects

You may qualify for Innocent Spouse Relief if:

• You filed a joint return with an understated tax bill
• The error is due to your spouse or ex-spouse’s actions
• You didn’t know (or couldn’t reasonably have known) about the issue
• It would be unfair to hold you liable

You must also file IRS Form 8857 to request this relief.

What You Can Do

If you believe you shouldn’t be responsible for your spouse’s tax problems:

• Request a copy of the joint return and IRS transcripts
• File Form 8857 — the request for Innocent Spouse Relief
• Provide documentation to support your lack of knowledge or involvement

You have 2 years from the first IRS collection notice to request relief — but other types (like equitable relief) may offer more time.

How TaxRise Can Help

At TaxRise, we help clients like you separate yourself from IRS debt that isn’t yours. Whether you’re divorced, separated, or simply in the dark about your tax return, we’ll help you apply for the right form of relief — and fight back if you’re being unfairly targeted.

👉 Don’t pay for someone else’s tax mistake.

Schedule your free case review today →

Related Questions

• What’s the difference between Innocent Spouse Relief and Injured Spouse Relief?
  Innocent Spouse relieves you of tax liability. Injured Spouse helps you recover your part of a refund that was seized.
• Can I still qualify if I’m divorced?
  Yes — many requests for Innocent Spouse Relief are made after separation or divorce.
• What if the IRS denies my request?
  You can appeal the decision through the IRS Appeals Office or in Tax Court, depending on your case.

📘 Reviewed by TaxRise Tax Professionals
This article was reviewed by the TaxRise Tax Professional Team. TaxRise has helped thousands of Americans eliminate millions in IRS and state tax debt. This content is for informational purposes only and is not legal or tax advice.