If my spouse owes previous taxes and we are on a payment plan if we file seperately will they garnish my taxes for his balance?

Was the debt only your spouse's debt from before you were married?  Who is on the payment plan?  Only your spouse --- or both of you?   

As xmasbaby0 asked, was the tax balance owed previously from a joint filing, or did your spouse create the debt before marriage?  

You may have two options for not paying tax debt created by your spouse.

1. Innocent Spouse - relieves you from paying tax on a joint return tax if your spouse understated the taxes due and you didn't know about the errors.  This is only for taxes due on your spouse's income from employment or self-employment.
2. Injured Spouse - can be filed to get back your share of the federal tax refund that was reduced to pay your spouse's debts such as:
   • Past-Due child Support garnishments
   • Debts for federal taxes before marriage
   • State Income taxes before marriage
   • State Unemployment compensation debts

For more information on Injured spouse claims and how to file, see the link below:

What is IRS Form 8379

@fluffsimms4 

If the taxes are from a joint return you both signed, then you are both responsible, no matter how you file now.

If the taxes your spouse owed are from before the marriage, then filing separately will protect your refund.  However, with separate filing, you may owe more overall tax, because some deductions and credits are limited or disallowed.  Your other option is to file jointly but include an "injured spouse" form, which is a request to the IRS to consider your refund to be partly separate from spouse and not subject your spouse's debt.