I’m thinking that the answer would be yes. It would be marital debt as long as it was for taxes filed during the marriage. That brings up a good question though, if equitable distribution has been settled, absolute divorce has been granted and the debt was not there or was not known at that time…

If you have a separation agreement it depends on the terms of your agreement, if you had a court order you could file a motion and bring this back before the court.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.

Can you sue your ex if we got audited (we filed joint)when we was married and had to pay the IRS back $6000? I’m paying on a payment plan by myself and shes not paying anything.can I sue her for half of the IRS debt $3000 if I end up paying the entire debt and will she be made to reinburse me