Domestic abuse often extends beyond physical harm—it can take the form of financial control, manipulation, and deceit. Survivors may find themselves grappling with more than emotional recovery; they’re frequently left to untangle tax liabilities and financial missteps that weren’t even theirs to begin with.
At JS Morlu, we understand the intersection of abuse and financial vulnerability. One crucial area often overlooked in post-abuse recovery is tax-related consequences. Whether it’s unexpected IRS notices, hijacked refunds, or questions about filing status, understanding your rights can be a pivotal step toward financial independence.
Understanding Joint and Several Liability
If you filed a joint return with your spouse—abusive or not—you are both 100% responsible for the taxes owed. This is called “joint and several liability.” Even if you didn’t earn the income or were unaware of discrepancies, you could still be held accountable.
This becomes a serious problem when a survivor later discovers that the abusive spouse omitted income, claimed false deductions, or made other fraudulent decisions. The good news? The IRS provides avenues for relief—but you have to know where to look.
Your Tax Rights Matter
As a survivor, you are not powerless in the face of a tax system that can seem impersonal. You have specific rights:
- The right to file separately even if still legally married. This protects your individual income and helps isolate responsibility.
- The right to refuse signing a joint return if you suspect fraud or manipulation.
- The right to request an extension (Form 4868), which gives you until October 15 to file. Keep in mind: estimated taxes must still be paid by April.
- The right to access your past returns using IRS Form 4506 or 4506-T. These help reconstruct your financial picture if records were withheld.
- The right to seek liability relief through specific IRS programs.
- The right to consult an independent tax advisor to protect your interests—not your former partner’s.
You also have responsibilities, like filing on time, updating the IRS with any name or address changes, and ensuring you report all income correctly—but none of this means you’re stuck with a financial mess someone else created.
IRS Relief Options That Can Help
The IRS offers three distinct types of relief for people unfairly burdened by their spouse’s or ex-spouse’s tax decisions.
Innocent Spouse Relief (Form 8857)
This program is designed for people who were unaware of tax issues on a joint return. If you had no reason to know about unreported income or inflated deductions, you can apply for full or partial relief. You must apply within two years of the IRS initiating collection activity.
Injured Spouse Relief (Form 8379)
If your tax refund was taken to pay your spouse’s separate debts—like child support or student loans—you may be able to recover your share through this form. It’s especially useful for those still married or recently divorced who want to protect their own portion of a refund.
Equitable Relief
When neither of the first two options fit, the IRS still allows a fair solution. Equitable Relief considers the whole picture—financial abuse, coercion, limited access to information—and may forgive liability when holding you responsible would be unjust.
Red Flags: Fraud and Hidden Income
Financial deception is a common feature of abusive relationships. An abuser may underreport income, claim fake dependents, or divert tax refunds without your knowledge. These issues can follow you into your new life if not addressed early.
What to do:
- Review all past tax returns and compare them with W-2s, 1099s, or bank records.
- Consult a tax advisor or CPA experienced in fraud detection or forensic tax work.
- Gather evidence—documents, correspondence, proof of financial control or abuse.
- Act quickly to prevent collections and preserve your legal options.
Having a knowledgeable advisor in your corner can make a world of difference in navigating these issues.
Smarter Filing Options After Separation
You don’t need to file jointly to comply with the law. In fact, separate filing might be a strategic safeguard.
- Married Filing Separately keeps your liability tied only to your own income and deductions. It’s a go-to move if you suspect tax misconduct or simply want financial separation.
- Head of Household is available if you live apart, support a dependent, and pay more than half the household expenses. This offers better tax brackets and a higher standard deduction.
- Single applies once you’re legally divorced or formally separated by decree.
Choosing the right filing status can be as critical as the return itself. Filing incorrectly could delay refunds or trigger audits—filing correctly can give you control and confidence.
Reclaiming Financial Independence
Rebuilding after abuse means more than healing emotionally—it means regaining control of your finances, one step at a time. Understanding your tax rights and exploring relief options can help break the last threads of economic control and pave the way toward long-term independence.
You don’t have to face the IRS—or your past—alone. With the right guidance, survivors can protect themselves from unjust tax burdens and start fresh with clarity, confidence, and peace of mind.