Innocent Spouse Relief (United States)

At Rush Tax Resolution, we help spouses and ex-spouses pursue Innocent Spouse Relief nationwide, with work performed or overseen by Attorneys, CPAs, and IRS Enrolled Agents.

We begin with a free consultation and a free IRS transcript review (typically within 1 business day after authorization) to confirm eligibility and the best path—Innocent Spouse, Separation of Liability, or Equitable Relief. From there, we prepare Form 8857 and manage the IRS process from start to finish.
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What Is Innocent Spouse Relief?

Innocent spouse relief is an IRS program that may protect one spouse from certain joint liabilities in defined situations. If you filed jointly and did not know or had no reason to know about an understatement, or if it would be inequitable to hold you responsible, relief may be available. We review your transcripts, returns, documents, and deadlines, then recommend the most suitable path and prepare the submission.

The Three Paths (and How They Differ)

The IRS provides three primary paths, each for a different situation:

Innocent Spouse Relief

For certain understatements attributable to your spouse or ex-spouse.

Separation of Liability Relief

Allocates additional tax between you and your former or current spouse, if specific conditions are met.

Equitable Relief

Available when you do not qualify for the first two, but it would be unfair to hold you liable. This can include certain underpayment cases.
Confused by articles mentioning “four types”? We focus on the IRS’s three core paths listed above, and we will confirm which fits your case during your free review.

Who Qualifies? (Eligibility Factors)

While each path has its own rules, the IRS generally considers factors such as:

What happened

Understatement versus underpayment, and who created the issue.

What you knew

Whether you knew or had reason to know about the problem.

Fairness

Whether it would be inequitable to hold you responsible.

Status and timing

Your current marital status, whether you are separated or divorced, and applicable deadlines for requesting relief.
We walk you through the criteria and documentation, review your IRS transcripts and returns, and outline how to present the strongest case possible.

How to Apply (Form 8857)

You typically request relief using Form 8857. Our process: Protection and Setup: after engagement and authorization, we contact the IRS to address enforcement where possible, confirm deadlines, and pull your transcripts. Investigation and Strategy: 

We analyze balances, penalties, collection statutes, and filings, review your facts and documents, and advise which of the three paths fits and why. Resolution and Compliance: We prepare Form 8857 and your supporting packet, submit it to the IRS, monitor the case, respond to IRS requests, represent you in appeals if needed, and coordinate next steps if partial relief is granted. 

Start with our explainer: What Is Form 8857 and How Do I Qualify? If you received levy or lien notices tied to a spouse’s actions, tell us during your review so we can incorporate that into the plan.

Timeline: How Long It Can Take & What to Expect

Timeframes vary by case complexity and IRS workload. We set expectations up front, provide regular updates, and, if your case requires it, handle appeals and next steps. No guaranteed timelines.

If You’re Facing Levies or Liens While You Apply

If the IRS is levying a joint bank account or threatening collection while you pursue relief, we address enforcement in parallel. After engagement and authorization, we contact the IRS to seek available protection and outline options. 

Frequently Asked Questions

What is Innocent Spouse Relief?

A set of IRS programs that may protect a spouse or ex-spouse from certain joint liabilities arising from the other spouse’s actions.

Who Qualifies for Innocent Spouse Relief?

It depends on your facts (what happened, what you knew, fairness, and timing). We’ll review these with you and outline the next steps.

How Hard Is It To Get Innocent Spouse Relief?

Outcomes depend on documentation and IRS review. We set realistic expectations, offer no guaranteed outcomes, and help you present the strongest case.

How Do I Apply for Innocent Spouse Relief?

File Form 8857 with supporting documents.

How Long Does Innocent Spouse Relief Take?

Timelines vary by program and case complexity. We provide realistic timing estimates and updates throughout.

Where Do I Mail Form 8857?

We’ll confirm current submission instructions and include them in your packet as part of our services.

Get Help Now

Talk to a licensed tax professional

Prefer to start with documents? Request your free IRS transcript, typically within 1 business day after authorization, and we’ll assess your options, including innocent spouse relief.

Rush Tax Resolution is a private firm, not affiliated with the IRS or any government agency. No guaranteed outcomes. Results vary by case.

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