Home / Innocent spouse relief
Individuals

Innocent spouse relief

Relief from joint liability when one spouse did not know about, and had no reason to know about, an understatement caused by the other.

What is Innocent spouse relief?

Relief from joint liability when one spouse did not know about, and had no reason to know about, an understatement caused by the other.

Why it matters on your return

Filing jointly makes both spouses liable for the whole bill. Relief exists but has strict knowledge and timing tests, and it is requested on Form 8857.

Example

A spouse discovers after divorce that the joint return omitted $80,000 of the other spouse's income. A timely request can remove her liability for the resulting tax if she can show she did not know.

Is this something Gordon Tax handles?

We identify when it applies and prepare the facts; the request itself is a dispute with the IRS and is handled with tax controversy counsel.

Last reviewed September 15, 2026. Tax rules change; confirm current law before acting.

Share this article
TALK TO US

Not sure how this applies to you?

A confidential consultation. Tell us what you have, and we will tell you what applies and what it costs.

SCHEDULE A CONFIDENTIAL CONSULTATION

Tell us what you have. We will tell you what applies and what it costs.

Hourly billing, estimated up front, with a deposit applied to the work.

Get started

Fill this out and we will reach out to schedule your consultation.