In this article, you can discover…
- Whether your spouse’s unpaid back taxes can cause the IRS to garnish your wages.
- Whether it’s best to file jointly or separately if one spouse has tax debt.
- How to avoid future tax debt issues as a married couple.
Will The IRS Garnish My Wages If My Spouse Owes Back Taxes?
No, the IRS will not garnish your wages if the tax debt is not a joint liability. Married couples can file their taxes either jointly or separately. If your spouse’s tax debt is solely in their name and you’re not jointly liable, your income and wages are protected from garnishment.
However, if you filed a joint tax return that resulted in tax debt, then both spouses are legally responsible. In such cases, the IRS can pursue either or both spouses for the full amount.
What Is IRS Innocent Spouse Relief, And How Can It Protect Me From My Spouse’s Tax Debt?
The IRS offers two key protections for spouses: Innocent Spouse Relief and Injured Spouse Relief. Innocent Spouse Relief applies when a couple filed a joint return, and one spouse was unaware of errors or omissions that led to tax debt, often due to unreported income or fraudulent filings. This relief is often requested in situations involving divorce, separation, or abuse.
Injured Spouse Relief is for situations where one spouse is owed a refund, but the IRS applies it to the other spouse’s prior tax debt. The “injured” spouse can file a claim to recover their portion of the refund.
These protections are designed to ensure that spouses are not unfairly held accountable for one another’s mistakes or prior obligations, depending on the specific circumstances.
John Ecton, founding attorney of Ecton Law Firm, PA, has spent years helping individuals and couples across North and South Carolina navigate the complex and often emotional challenges of IRS tax debt.
With deep experience in tax resolution and a compassionate, client-focused approach, John Ecton has guided many through cases involving innocent spouse relief, liens on jointly owned property, and unexpected IRS collections. His firm is known for stepping in when families feel blindsided and helping them find clarity and control.
If you’re facing a tax issue that affects your marriage or your future, contact Ecton Law Firm, PA today.
How Do IRS Tax Liens Affect A Couple When Only One Spouse Owes Back Taxes?
IRS tax debt and marriage can bring about some pretty severe consequences. Case in point, IRS tax liens can impact both spouses, even if only one owes the debt, when they jointly own property such as a home. The IRS can place a lien on the liable spouse’s share of equity, usually 50% if the couple owns the property equally. In rare cases, the IRS can even force the sale of the jointly owned property to collect that share, though this is uncommon for personal residences. So, while the non-liable spouse retains their ownership portion, the presence of a lien can complicate property transfers, refinancing, and sales.
Is It Better To File Taxes Jointly Or Separately If One Spouse Has Tax Debt?
This depends on your situation, but there are valid reasons to consider married filing separately if one spouse has existing tax debt:
Protection Of Refunds
Filing separately can prevent the IRS from using the non-liable spouse’s refund to offset the other’s tax debt.
Future Liability
Filing jointly makes both spouses responsible for that year’s tax bill. Filing separately avoids entangling the clean spouse in additional debt.
Credit Impact
Keeping one spouse free from tax liability may help maintain clean credit for loans, mortgages, or other financial needs.
While married filing jointly often results in better tax deductions, it may be worth sacrificing the larger refund in exchange for financial protection and peace of mind.
How Can Married Couples Avoid Future Tax Problems?
Avoiding future tax problems in marriage often comes down to making thoughtful filing decisions and maintaining open, honest communication. When one spouse has an existing or recurring tax debt, it may be wise to file separately in order to safeguard the other spouse’s credit and protect any potential refund from being seized by the IRS. Both partners should be actively involved in the preparation and review of their tax returns to ensure transparency and shared responsibility.
For couples who have unfiled returns, it’s important not to assume that both spouses will be held equally liable. Filing in a way that shields the compliant spouse from liability can prevent future complications. Even when filing jointly, it’s essential to understand that the IRS can intercept the entire refund to satisfy one spouse’s debt unless the non-liable spouse takes action by filing for injured spouse relief.
John Ecton, founding attorney of Ecton Law Firm, PA, has spent years helping individuals and couples across North and South Carolina navigate the complex and often emotional challenges of IRS tax debt.
With deep experience in tax resolution and a compassionate, client-focused approach, John Ecton has guided many through cases involving innocent spouse relief, liens on jointly owned property, and unexpected IRS collections. His firm is known for stepping in when families feel blindsided and helping them find clarity and control.
If you’re facing a tax issue that affects your marriage or your future, contact Ecton Law Firm, PA today.
Working With Couples With Uneven Tax Debt
This kind of situation happens more often than most people realise, and it can create serious emotional and financial strain. We’ve worked with couples where one spouse handled all the tax filings while the other was completely unaware of unfiled returns or accumulating tax debt.
In some cases, tax issues not only added pressure to the relationship but also exposed deeper marital tensions, sometimes even leading to separation or divorce. Other times, a spouse who thought everything was in order only discovered the problem when the IRS began collection efforts or initiated an audit, revealing back taxes owed from years prior.
The shock of learning about a partner’s hidden tax issues can be overwhelming. Unfortunately, if a joint tax return was filed, the IRS has the authority to pursue either spouse for the full amount, regardless of who actually incurred the debt. Even divorce decrees that assign responsibility to one party don’t prevent the IRS from collecting from the other.
When this happens, the path forward usually begins by determining whether the tax liability is joint or individual. From there, it’s essential to explore available options like innocent spouse relief or injured spouse relief. In some cases, resolving the matter may even require returning to court to adjust a divorce settlement or payment responsibility.
Tax problems can challenge even the strongest relationships, particularly when financial secrecy or poor communication is involved. That’s why open dialogue, early legal advice, and strategic tax planning are so important for protecting both your financial health and your peace of mind.
Still Have Questions? Ready To Get Started?
For more information on IRS tax debt and marriage, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling South Carolina (803) 797-4600 | North Carolina (704) 741-8684 today.
