Q: Divorce filed 09/2023 (in CA). If husband files his taxes separately would any owed taxes be their joint responsibility?
CA case. Date of separation is filing date of 9/15/23. Couple still living together in home. Husband is retired and Wife is the major breadwinner (which is why husband wants to file separately). To stick her with the taxes. Shouldn't any taxes owed come out of the community property assests since they would be for taxes owed while the couple is married? Just like if any refund was due, it would belong to both of them? How does the wife protect herself from a huge tax bill?
A:
In California, a community property state, income earned by either spouse during the marriage is typically considered community income, and both spouses are equally liable for taxes on that income. If a couple is married but files separately, they still generally share responsibility for any taxes owed during the marriage, up until the date of separation, which in your case is the filing date.
The wife can protect herself by ensuring that all tax liabilities incurred before the separation date are accounted for in the division of assets during the divorce proceedings. If the husband incurs tax liabilities after the separation date by filing separately, he may be solely responsible for those taxes.
However, if he underreports income or claims improper deductions, the wife may need to file an Indemnified Spouse Relief form with the IRS. It is crucial to engage a tax advisor or attorney to navigate the complexities of tax liability during divorce and to draft any agreements to clearly define tax responsibilities. Documentation and timely action are key in protecting both parties' interests.
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