27 Oct How Does the Innocent Spouse Rule Impact my New Jersey Divorce?
Going through a divorce is difficult enough without being punished for something you haven’t done or had knowledge of. The “innocent spouse rule” in New Jersey allows for a spouse to seek relief from the IRS for an otherwise joint tax debt. It is difficult to prove, but some of the criteria are as follows:
- You must prove you did not acquire the debt, but that your spouse did.
- You must prove you did not gain an advantage or benefit financially from the unpaid debt.
- You must have credible evidence your spouse committed the alleged fraud without your knowledge
The “innocent spouse rule” exists basically to shield someone from being held responsible for their spouse being “funny with their money,” so to speak, resulting in a significant tax debt. The IRS has a two-year statute of limitations before it will initiate the process of obtaining payment for the tax liability.
Because it is difficult to prove one spouse had no idea what was happening with the household finances, it is important to work with an experienced divorce attorney such as Jeffrey M. Bloom who can determine if your case can or should involve this “innocent spouse rule.”
Please contact the Law Offices of Jeffrey M. Bloom using the form at the top of the page or call (855) 208-3650 today to schedule your divorce consultation. Mr. Bloom serves clients in West New York, and throughout Hudson County and Bergen County, New Jersey.