How does innocent spouse relief work?
Henry Morales
Published Mar 02, 2026
By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return. The IRS will figure the tax you are responsible for after you file Form 8857.
How does judge decide who gets house?
If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it.
When do you need a lawyer for your taxes?
They’re best for handling technical and legal issues associated with your tax situation. An attorney can step in after you have a problem, but consulting with one in advance can also help you avoid problems in the first place. When Would You Need a Tax Attorney? Tax attorneys must have a Juris Doctor degree, commonly referred to as a “J.D.”
Who is the best tax attorney for the balance?
William Perez is a former tax expert for The Balance and The Balance Small Business. He worked for the IRS and holds an enrolled agent certification. Accountants and tax attorneys can both help in your hour of need, but the term “attorney” has a more ominous ring. It implies that you’re not just wrangling with numbers—you’re fighting the law.
Do you need to send your spouse an attorney?
You won’t need to send your attorney every email or text from your spouse, but you should file away any significant communications. For example, keep copies of letters, emails, or texts that discuss visitation schedules, debt repayment, infidelity, children’s report cards or medical records, tax returns, or offers to settle.
When to try not to speak to your spouse?
Although open communication lines are good, sometimes it’s advisable for spouses to only communicate through an attorney. Specifically, if there’s been any history of domestic violence, don’t contact your spouse directly. Be aware that if a protective or no contact order is in place, you are prohibited from contacting your spouse at all.