Legal Question in Family Law in Colorado

back taxes in divorce

we cashed out my retirement 1 month before we got married, filed as joint that year, and didn't pay the penalty taxes. he says he is not responsible once our divorce is final. when the irs audits us, am i solely responsible, or are we both? what if he skips the country? can the irs take his share from the house he leaves behind?


Asked on 1/02/09, 10:41 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: back taxes in divorce

This should have been addressed in the divorce decree. Since you filed jointly the IRS may hold both of you liable. If he skips the country, the IRS will not be able to collect from him, and will collect from you. The IRS can lien your house for the amount owed.

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Answered on 1/05/09, 10:34 am
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: back taxes in divorce

If you filed a joint return, then you are both liable for whatever taxes and penalties are owing from that return. Also, since I don't know what your divorce decree says about this debt, I can't really advise you on this issue as it pertains to your divorce. Normally, there should be a provision in your decree that addresses how marital debts are to be treated and who is responsible for the payment of those debts.

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Answered on 1/05/09, 12:17 pm


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