Innocent Spouse Relief

IRS Protection for Unfair Joint Tax Liability

Were You Unfairly Held Responsible for Your Spouse’s Tax Debt? You May Qualify for Innocent Spouse Relief

If the IRS is trying to collect back taxes based on a return filed jointly with your current or former spouse, but you weren’t aware of the debt or the errors made, you may qualify for Innocent Spouse Relief.

At National Tax Aid, we help individuals in Orange County and nationwide stop collection actions and wipe away IRS liability caused by their spouse’s (or ex-spouse’s) mistakes, fraud, or deception.

What Is Innocent Spouse Relief?

Innocent Spouse Relief is an IRS program that removes your obligation to pay tax, interest, and penalties if your spouse:

  • Failed to report income
  • Claimed improper deductions
  • Understated tax liability
  • Committed fraud on a jointly filed return

The IRS recognizes that in many relationships, one spouse may not be aware of these actions and should not be held accountable.

F.A.Q.

What’s the difference between innocent spouse and injured spouse relief?
Innocent spouse relief removes responsibility for unpaid tax caused by your spouse. Injured spouse relief ensures your share of a refund isn’t seized to pay your partner’s debts.
Yes. Innocent Spouse Relief is available whether or not you’re divorced — though being separated may strengthen certain claims.
You may still qualify, especially under equitable relief. The IRS will consider emotional abuse, manipulation, or lack of access to financial records.
Yes — you generally must apply within 2 years of the IRS’s first attempt to collect the tax (wage garnishment, levy, notice, etc.).
While not required, IRS acceptance rates are significantly higher when your CPA or tax attorney prepares your Form 8857 with supporting evidence and a proper narrative.

Who Qualifies?

You may qualify if:

  • You filed a joint return
  • You had no actual knowledge of the underreported or misstated income
  • It would be unfair to hold you responsible given the circumstances (e.g., abuse, deception, or lack of access)

There are different forms of relief, including:

  • Traditional Innocent Spouse Relief
  • Separation of Liability Relief
  • Equitable Relief (for cases that don’t meet other criteria)

We help you determine the right path and file the correct IRS Form 8857 with compelling documentation.

Real Cases We Help With:

  • The IRS is garnishing your wages for a tax bill caused by your ex-spouse
  • Your spouse ran a business and underreported income you didn’t know about
  • You trusted your partner to handle taxes, and now the IRS says you owe
  • You’re recently divorced and were never involved in the finances

You Deserve a Fresh Start — Let Us Help You Get It

We protect innocent spouses — and we fight to make the IRS listen.
You have just 2 years from the first IRS collection attempt to apply — so don’t wait.