Innocent spouse is an IRS relief program which enables a taxpayer to avoid liability for a tax debt by transferring it to a spouse. When you have a tax debt as a result of a jointly filed return, you and your partner are generally both held responsible. If you had no idea there was a problem with the return, and you can verify you had no reason to know, you may be eligible for innocent spouse relief.
Innocent spouse can be requested even after a divorce, following the assessment of a tax debt. Regardless of whether a divorce decree states that both parties will be responsible for any due taxes, innocent spouse can still be pursued.
The consideration for relief is unaffected by whom in the marriage is/was the primary earner. The spouse who was aware of the understatement is held responsible for the payment of the tax debt. Depending upon the particulars of the case, an innocent spouse can achieve full relief from the debt, including any interest and penalties. The IRS calculates the amount of penalties and interest charged after you file for innocent spouse.