husband and wife to divorce under KS state law what is wife's liability to husband's failure to pay income taxes after divorce

Olathe, KS Viewed 682 times. Posted about 1 year ago in Divorce / Separation

Unfiled Income Taxes in a Divorce: I want to get a divorce. My husband is self-employed and has not paid income taxes for the past ten years. I have not been employed out of the home for over fifteen years. We have been married for 38 years. My husband has a gamboling addiction and lost almost everything at the casinos. After we are divorced, can the IRS come after me for his failure to file income taxes if they find it out? He is agreeable to an uncontested divorce and we really have no property or assets to divide. I just want my clothes and some personal momentos and be out of the marriage. But I am a little worried about the taxes thing. This man has been completely dominating of me and I could not get him to file the taxes. I have very little money to pay for an expensive lawyer. What can I do?

Answers (3)

Michael E Hendrickson

This attorney is licensed in Dist. of Columbia. Posted about 1 year ago.

I would doubt that the TAX MAN will be coming for you any time soon under the circumstances describred, whether separated or not (or even divorced) from your spouse of 38 years.

After all, you did make some attempt, apparently, to get the gambling one to report the unreported income before
it was squandered at the gaming tables.

And, therefore, one might ask, why should you share in his culpability?

Jeff Adrian Biddle

This attorney is licensed in Arizona. Posted about 1 year ago.

You may just want a lawyer to draft a Consent Decree for you that indicates that he shall be responsible for the payment of any unfiled past tax returns that were due to be filed during the course of your marriage. The innocent spouse rule might apply if you were unaware that the taxes had not been filed but, then again, it sounds like you might have known all along. It wouldn't hurt to see if the local courthouse has any legal aid available during business hours or seek out some free consultations from lawyers to talk about the issue.

You might also consider talking to a CPA and asking if you filing married filing separately with your zero income would be advisable or if it would just alert the IRS to the previous lack of filings.

Christopher Sean Cooke

This attorney is licensed in California. Posted 12 months ago.

Jeff provided a good answer. While the IRS does have an "innocent spouse" provision, your knowledge of your husband's tax evasion may preclude you from taking advantage of it. Definitely seek the help of a legal aid attorney. Contact the bar association for the county in which you live, and seek what free legal assistance is offered. If there is a law school nearby, many of them offer free legal assistance. Good luck!

Chris Cooke
Chris@BWNemethLaw.com

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