Can one file a separate Offer in Compromise if separated from the spouse?
- David Greene
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The answer is that a couple can each an Offer if they are separated; however, you can still file a joint Offer if you cooperate. To do that all of the assets, income and expenses of both parties would be grouped together to calculate the Offer. If the couple is on speaking terms, it would be best to explore both options and then decide which way to file. Please realize that if one files a separate Offer and it is accepted, that spouse’s debt will be zero after he pays the Offer amount and the amount he pays will reduce the overall debt by that much. The spouse will still be liable for the remaining balance.