Legal Question in Family Law in California
If my spouse and I file for a Summary or Regular Dissolution in California, and we have owed taxes from income earned during the marriage, will the IRS know how we have agreed to split up the owed amount, or can they still come after either of us for the entire amount? And does it matter if we file the taxes jointly or as married but filing separately?
1 Answer from Attorneys
It doesn't matter if they know or not. How a couple allocates debts in a divorce is not binding on the creditors. All creditors can still collect from either spouse for community debts. How you file won't matter. If a creditor collects from the spouse who was not assigned the debt, their only remedy is to seek reimbursement from the spouse who was supposed to pay the debt, and possibly sanctions for contempt of the order if the spouse who was supposed to pay the debt could have paid it and didn't.
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