Can the Wages of a Wife Be Garnished to Pay the Taxes of Her Husband?

You're only liable for your husband's tax debts if you filed your taxes jointly. If you filed separately, you should be in the clear. However, a garnishment still can affect you indirectly. The IRS can garnish your husband's wages, which can reduce your total household income. If you file jointly in the future, the IRS may withhold your refund to pay the taxes your spouse owes. If you did file jointly, though, both of your wages can be garnished.

If your husband ran up a tax bill before you got married, you're in luck. No matter what your filing status is, you won't be liable for your husband's previous taxes -- even though paying them can cut into your household income. It's wise to avoid filing jointly until the taxes are paid off, though, because your refund could be withheld to pay the money your husband owed before you got married.

Most creditors have to get a court order before they can garnish your wages, but the IRS is an exception. This doesn't mean you'll be surprised by a garnishment, though. The government will notify you that you owe back taxes and you'll typically receive several notices demanding payment. If you ignore the notices without offering a settlement or arranging a payment plan, you or your husband's wages can then be garnished.

Instead of placing a limit on the amount that can be garnished, the IRS establishes minimum amounts that have to be left behind in each paycheck. The amount depends on your filing status, how frequently you are paid and how much you owe, as the IRS might not choose to garnish the maximum amount it can. If you are married filing separately with one exemption, for example, and paid weekly, the IRS has to leave $195.19 of each paycheck untouched.