Does IRS Spouse Relief Stop Collections, Garnishments, or Levies?

If the IRS is taking money from your paycheck or bank account because of a tax bill tied to your spouse or ex spouse, you are not stuck. IRS Spouse Relief can pause collections against you while the IRS reviews your claim. If you qualify, it can remove your responsibility for some or all of the debt. The IRS can still collect from the other spouse, but it should not chase you while your request is open.

This guide explains what counts as IRS Spouse Relief, how collections are handled, who qualifies, how to apply, and what to expect. The language is simple, and the steps are practical, so you can act with confidence.

What IRS Spouse Relief Means

On a joint return, both people are each responsible for the full bill. That is called joint and several liability. IRS Spouse Relief is a set of programs that lets the IRS separate you from that joint bill when fairness calls for it.

1. Innocent Spouse Relief. You ask the IRS to remove your liability for an understatement caused by your spouse or ex spouse. Common causes include hidden income or false deductions. You must show you did not know and had no reason to know.

2. Separation of Liability. The IRS splits the tax between you and the other person. You must be divorced, legally separated, or have lived apart for at least twelve months.

3. Equitable Relief. Use this when you do not meet the rules above or when the tax was reported but not paid. The IRS looks at fairness factors, such as hardship, abuse, and control of finances.

All three are requested on Form 8857. The IRS must notify your spouse or ex spouse and allow them to respond. Your current address and phone are not shared.

Does IRS Spouse Relief stop collections

When you file a complete Form 8857 and the IRS accepts it for review, the IRS generally pauses collection against you for the years on your request. That pause covers wage garnishments and bank levies aimed at you. The pause lasts while your claim is pending, during any appeal, and for a short period after the final decision. The IRS may still collect from the other spouse.

What happens to a garnishment or levy already in place

If a wage garnishment is already hitting your paycheck, filing can stop future garnishment for the periods under review. Money already taken is usually not returned unless you are granted relief.

If your bank account was levied, the IRS should pause new levies against you while the request is pending. If you receive full relief, the levy must be released for you. If you receive partial relief, you remain responsible for the part the IRS assigns to you.

Refund offsets and injured spouse

A refund offset is different. If a joint refund was taken to pay your spouse debts, use Injured Spouse Allocation with your current year return. IRS Spouse Relief deals with past balances on old returns. If you are later relieved for a year, the IRS can return amounts you paid toward the relieved part.

Who can qualify for IRS Spouse Relief

The IRS focuses on fairness. You are more likely to qualify when the tax problem comes from your spouse or ex spouse, and it would be unfair to make you pay.

1. What you knew or should have known when you signed

2. Whether you benefited from the item that caused the tax

3. Your marital status and how long you lived apart

4. Your filing and payment history since then

5. Any abuse or financial control that affected your choices

6. Hardship if you must pay, and community property rules where you live

No single factor decides the case. A clear story supported by documents carries the most weight.

How to request relief and protect yourself

Act fast if a garnishment or levy is active. Filing is what pauses collections against you.

Step 1. Fill out Form 8857 for each year. Be honest and detailed.

Step 2. Attach a short statement that tells your story in plain language. Include dates, what you knew, and why holding you liable is not fair.

Step 3. Add proof such as tax returns, W2 and 1099 forms, bank records, abuse or control evidence, and divorce or separation documents.

Step 4. Send it by mail or fax as instructed. Keep copies and proof of delivery. Open all IRS letters and reply on time.

If the IRS denies your request, you can appeal inside the IRS. After a final denial, you can petition the US Tax Court. Collections remain paused while your case is open.

Timeline and what to expect

Many cases take six to twelve months. Some take longer. While your claim is pending, keep filing and paying current taxes. Staying compliant helps your credibility.

Common mistakes to avoid

Do not confuse Injured Spouse with Innocent Spouse Relief. Injured Spouse protects your share of a current year refund. IRS Spouse Relief deals with old balances.

Do not wait. Some relief options have a two year deadline from the first IRS collection action. Equitable relief can be available longer, but sooner is better.

Do not be vague. Dates, documents, and a clear narrative are key. If abuse or coercion played a role, say so plainly and include any proof you can gather.

Do not ignore current taxes. Keep filing and paying now. Falling behind can hurt an otherwise strong case.

When to get professional help

If you have complex facts, community property issues, or safety concerns, a tax professional can help frame your story, gather the right documents, and manage deadlines. If money is tight, look for a low income taxpayer clinic in your area.