Florida Divorce & Back Taxes

by Tracie from Southwest Ranches, Florida, Broward County

Florida Divorce & Back Taxes: I am recently divorced. I was a homemaker for eight years prior to the divorce, my ex-spouse was the only breadwinner. I filed head of household for the first time this year and was fined over $700 due to a tax bill that my ex-spouse did not pay in 2008.



Is it possible to file a motion to request that those funds (or any portion of them) be reimbursed to me via my ex-spouse?

Answer to Florida Divorce Question

Dear Tracie,

Since you are recently divorced, then you must have still been married in 2008.

I doubt that Florida courts will get involved with federal tax issues.

You can always try to go through the circuit court, but a simpler way is to contact the IRS directly.

You may be what the IRS calls an injured spouse or an innocent spouse.

Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.

Are You an Injured Spouse?

You may be an injured spouse if you file a joint tax return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt, such as a student loan.

Innocent Spouse Relief

Do not file Form 8379 if you are claiming innocent spouse relief. Instead, file Form 8857.

Generally, both spouses are responsible for paying the full amount of tax, interest, and penalties due on your joint return.

However, if you qualify for innocent spouse relief, you may be relieved of part or all of the joint liability. You may qualify for relief from the joint tax liability if:

(a) there is an understatement of tax because your spouse omitted income or claimed false deductions or credits, and you did not know or have reason to know of the understatement,

(b) there is an understatement of tax and you are divorced, separated, or no longer living with your spouse, or

(c) given all the facts and circumstances, it would not be fair to hold you liable for the tax. See Pub. 971 for more details.

You can read more about these forms at the IRS website.

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