Form 8857

[user17581198649]

My divorce was finalized in December 2024. My former spouse owes quite a bit of taxes from a couple years when we were married. I didn’t work at that time. Per the divorce the decree my former spouse is required and obligated to pay those taxes. In January I submitted form 8857 to get my name removed from any responsibility of owing on the taxes. The IRS is still processing that form. If I file my taxes even though I’ve filed separately will my tax return go towards what my former spouse still owes because my name is still on those taxes?

[Cindy4]

The IRS does not provide a specific processing time for Form 8857, but it can take several months. It's not uncommon for it to take several months to get a determination. While your case is pending, the IRS may still pursue collection activities against you for the past joint tax years while your Form 8857 is being processed.

You may want to contact the IRS directly at 866-681-4271 to discuss your specific situation.

Hope this helps!

Cindy

[user17581198649]

Thank you for your reply. Yes it’s been 9 months since I submitted the form. I knew it would take a few months but I didn’t think it would talk this long. I have tried to contact the IRS several times and I either get hung up on, the person I’m talking to can’t answer my questions or I get a prompt to call back on the next business day because they are busy.  

Anyway, I appreciate your help. Thank you!