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Can Spouse Be Held Liable?

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Nansee5

Junior Member
:confused: What is the name of your state? Wisconsin
I managed a business prior to meeting and marrying my husband. I have recently found out about a tax debt which I am half liable for. This is not my husbands debt. He had nothing to do with the business. I fear they may come after his 401-K or hold him responsable as well. Is there anything I can do?
 


Snipes5

Senior Member
If you have some sort of arrangement and are paying the debt, they probably won't come after him.

If they are already coming after you, they can seize any assets which belong either to you, or to both of you jointly. They will not take his 401K, because it is his, not yours.

Do not have any joint accounts with him. Also, when you file taxes, you should consider either filing separately, or if you file jointly he can adjust withholding to the point where he owes a little, rather than getting a refund, so they can't seize any of his portion of the joint refund.

An alternative would be for him to file "Injured Spouse", but that takes a long time, and there is no guarantee that they will rule in his favor.

Snipes
 

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