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
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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