Can the IRS split what is owed between two former spouses?

[SensibleandHourly]

Hello Community, 

I have clients who divorced in June with a tax obligation of about 3k. One of the former spouses has reached out to me to inquire if she pays her half, and her ex doesn't, is she on the hook for his half too? I'm trying to remember but I think she is and can't remember if there is any sort of work-around for this? 

Thank you!

[Skylane · Accepted solution]

Assuming they are filing MFJ, then yes.  The other alternative, of course, is MFS.  Innocent spouse rule may apply but not likely depending on circumstances.  Other alternative (if she qualifies) is 'considered unmarried' 

[SensibleandHourly]

They have already filed as married filing jointly. 

[sjrcpa]

Joint return = joint and several liability.

[BobKamman]

Not surprising.  They got married without asking enough questions first, so they filed a joint return without asking enough questions first.  

[IRonMaN]

To clarify, he maybe asked enough questions but it sounds like she should have asked at least one more before filing the return.

[BobKamman]

Meanwhile, I tell divorcing couples that I can't answer questions from either one of them because I now have a conflict of interest.  Fortunately, with my aging clientele, marriages end but not because of divorce. 

[IRonMaN]

"Fortunately, with my aging clientele, marriages end but not because of divorce"

Yeah, by that age they have watched enough episodes of Dateline and 48 Hours to know how to knock the other one off without getting caught 😲

[Skylane]

I generally end up keeping both divorcees if they're being reasonable. I explain the options before and make sure they are in agreement about the payment or the distribution of the refund.   Always electronically. 

If one is not reasonable or in agreement, then it's MFS or go somewhere else