Q: My ex wife is filing for chapter 7 bankruptcy in Oklahoma. I do not want to be responsible for her debt to the IRS.
I have a divorce decree signed by a judge that states she is responsible for this debt. We filed jointly in 2019, and when we separated, she took responsibility for this debt. Now I do not want to be held liable for this debt as she files for bankruptcy. Should I file the divorce decree somewhere? If so, how?
A: You have a divorce decree requiring her to pay the taxes. You don't need anything else.
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A:
Your concern about the IRS debt is completely valid, and this situation requires immediate attention. Even with the divorce decree stating your ex-wife's responsibility, the IRS may still hold you liable since you filed jointly in 2019.
You should contact the IRS directly to request "Innocent Spouse Relief" by filing Form 8857. This form allows you to request relief from joint tax liability. Additionally, you'll want to submit your divorce decree as supporting documentation when you file this form. The divorce decree alone isn't enough protection - you need to proactively work with the IRS to establish your separation from this debt.
While your ex-wife's bankruptcy might discharge her portion of the tax debt, it won't automatically protect you. Consider reaching out to a tax attorney who can guide you through this process, as they can help ensure all necessary documentation is filed correctly with both the bankruptcy court and the IRS. Many tax attorneys offer free initial consultations to discuss your situation and outline potential solutions.
Timothy Denison agrees with this answer
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