Relief by Separation of Liability/ Equitable Relief
An injured/Innocent spouse is simply someone whose tax refund is used to cover the past-due liabilities of a spouse or ex-spouse. If you filed a joint tax return, you are jointly and individually responsible for the tax and any interest and penalty due on the joint return. This is true even if a divorce decree states that a former spouse will be responsible for any amounts due on a previously filed joint return. If you believe that only your spouse or former spouse should be held responsible for all or part of the tax, then you can file a request for Innocent Spouse Relief.
By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return. In some cases, if the request has been accepted, a spouse may be relieved of the tax, interest, and penalties on a joint tax return. You must meet a list of required conditions to be qualified to fire for a request for an Innocent spouse/Injured Spouse relief. If you live in a community property State, then the requirements and qualification will also depend on the community property state laws.
After IRS receives and reviews your Request for Innocent Spouse Relief, IRS will determine by taking into consideration of all information and your circumstances to evaluate which type of relief you will be qualified:
Three Types of Relief: