Innocent spouse relief is a provision under the Internal Revenue Service (IRS) that allows individuals to be relieved from paying taxes on joint tax returns if their spouse or ex-spouse engaged in illegal tax evasion or other wrongdoing. This means that if you are divorced or separated and your spouse or ex-spouse was responsible for underpaying taxes or not paying taxes at all, you may be eligible for innocent spouse relief and not have to pay the taxes owed.
First, it's important to understand that in Florida, the division of assets and debts during a divorce is generally based on the principle of equitable distribution. This means that the court will try to divide the assets and debts fairly, but not necessarily equally. This means that if your spouse has tax debts, they may be responsible for paying them, but the court may also consider your financial resources and ability to pay when determining the division of assets and debts.
If you are not sure whether you may be eligible for innocent spouse relief, you should consider speaking with a tax attorney or a financial advisor who can help you understand your options. In order to qualify for innocent spouse relief, you will need to show that you did not know about your spouse's tax evasion or wrongdoing when you signed the joint tax return and that it would be unfair to hold you responsible for the taxes owed.
Qualifying For Innocent Spouse Relief
It's also important to note that in order to qualify for innocent spouse relief, you must file Form 8857 with the IRS within two years of the date that the IRS first tried to collect the taxes from you. If you have received a notice from the IRS about unpaid taxes on a joint return, it's important to take action quickly to protect your rights.
If you are getting divorced in Florida and are concerned about your spouse's tax debts, it's important to seek the advice of a qualified attorney or financial advisor who can help you understand your options and protect your rights.
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