IRS Divorce Issue


If you were separated during the 2007 tax year then you would not be responsible because your income would not have been included on her tax forms…Unless I’m not reading this right, you would have been making payments for the previous tax years when you were still together and filing together…


The answer to this question depends on the specific language in your separation agreement regarding these debts. In order to determine your specific liablity you would need to review the agreement with an attorney.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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Charlotte, NC 28262
Main Phone: (704)307.4600
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


My wife and I were seperated for over 1 year prior to our divorce. I (BLINDLY and without legal council) signed the seperation agreement drafted up by her lawyers. Part of the agreement stated that if there were any taxes owed, I would be responsible for payment. Any refund and it would be split 50/50. I was making payments to the IRS and she decided to file some type of form to supposedly exempt her from any liability. It seems to have backfired as they have since sent her notification that she (by name) now owes the IRS over $600.00. Since she filed paperwork with the IRS AFTER the divorce and I had made payment arrangements for the full amount, am I STILL liable for this new debt in her name from the IRS?