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Richard, Tax Attorney
Category: Tax
Satisfied Customers: 53673
Experience:  29 years of experience as a tax, real estate, and business attorney.
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What will happen to the current IRS leins when divorced?

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What will happen to the current IRS leins when divorced?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Can you tell me about the IRS liens? Are they for past due taxes due from both spouses? Thanks.
Customer: replied 3 years ago.

They are from joint returns from years 2006 thru 2010. Tax returns were not submitted during this time frame. I failed to review/ensure taxes were getting filed and now owe approximately 85,000. Taxes were withheld from my pay, however he was filing exempt. I am paying monthly installments with the IRS (solely). Will he be mandated to pay half or will the responsibility lie with me? He has been unemployed for the last 14 months.

Thanks so much for replying. Have you addressed the tax issue in your divorce settlement?
Customer: replied 3 years ago.

I am unsure if you received my last response (the page is not updating after 2 submissions). I have not filed for divorce or legal separation as of yet.

Thanks for following up...I had not received it! You will want to specifically address this in any settlement agreement between the two of you. There are two contractual relationships here...the one between the two of you and the IRS, and then the one between you two. As between the you two and the IRS, each of you is going to be jointly and severally liable to the IRS and the IRS can pursue either or both of you for the tax owed. But, between the two of you, you want to address this specifically in your settlement agreement, so that if the IRS collects more than the share allocated to you in your settlement agreement with your spouse, then you have a right to sue your spouse for the disproportionate amount you have paid.

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