Tax Tips & Tools for Survivors of Domestic Abuse: A Guide for Survivors, Advocates, Lawyers, and Tax Professionals
Preparing and filing taxes in the US is complicated for nearly everyone, but for survivors of domestic violence, tax season is often more than just paperwork- it's a potential source for more abuse. Financial abuse is one of the most common tactics abusive people use to control and harm their partners, and tax filing can be weaponized in ways that are difficult to detect and hard to undo.
This tax guide is designed to support:
Survivors who want to understand their rights and options.
Tax professionals who want to provide trauma-informed services.
Legal practitioners advocating for financial safety and justice.
Domestic violence advocates supporting survivors on the path to financial independence.
Abusive people find ways to misuse every possible system to maintain control over and harm their partners, and taxes are no different. Tax professionals are in a unique position to notice signs of financial abuse and provide support.
NOTE: We are not CPAs or tax attorneys! Tax laws change often! Use this document as guidance, but check the IRS website for the most up-to-date info.
🚩 1. How abusers use the tax system to control or harm
Abusive people routinely misuse tax filing and related financial systems to exert power over or harm their partner. Some common patterns include:
Filing tax returns without their partner’s consent or knowledge, often forging signatures.
Filing jointly to maximize refunds, then withholding or stealing the funds.
Claiming dependents (especially children) even when their partner has custody.
Withholding important tax documents such as W-2s, 1099s, or prior tax returns.
Filing fraudulent returns in their partner’s name, exposing them to audits or legal consequences.
Racking up tax debt, especially in cases where their partner is unaware of self-employment or investment income being hidden.
It’s important to recognize the signs of financial abuse, including early signs, and understand that the consequences of financial abuse can be long-lasting and could come to light years after the relationship ends.
🛡️ 2. Filing taxes during or after abuse: practical guidance
Considerations for survivors:
Collect and protect all of your documentation, including pay stubs, tax forms, Social Security cards, and prior year returns. You may need to make copies/take photos of documents if it’s not safe for you to alert your partner that you took the original documents. Store them in a secure place- either physical or digital (examples: a trusted friend’s house, a lawyer’s office, or cloud storage).
Update your mailing address with the IRS if you’ve relocated for safety. Instructions for how to change your address before you file your taxes or after with IRS Form 8822 can be found here.
Find out if your state has an address confidentiality program that provides a mail forwarding service to protect your address from public records. Search your state to see if it has an address confidentiality program (Note: the info in this link is clunky, we sure do wish there was a better national website for these programs).
File as “Head of Household” if you are separated (if eligible). If you are legally separated or married and your spouse did not live in your home during the last 6+ months, and you have a dependent (child), you can file your taxes individually as “head of household” and claim tax advantages.
Even if you are married, you have the right to file a separate return (“married filing separately”). You also have the right not to sign a joint return with your spouse.
If you suspect fraud (e.g., your ex filed using your SSN or claimed your child), you can report this using IRS Form 14039 (Identity Theft Affidavit).
Considerations for tax professionals:
Recognize potential signs of financial abuse. Some examples are: fearful when talking about finances, doesn’t have access to their own accounts, discrepancies in reported income and what they believe they earned, sudden changes in tax filing status, unexplained debt, or missing refunds, one spouse demeaning the other).
Avoid assuming a taxpayer can access joint documents or accounts, or can speak freely in front of their spouse.
Offer to speak to a client privately, giving them an opportunity to discuss anything they can’t safely say in front of their spouse.
When in doubt, explain the option of Married Filing Separately if joint filing could expose a taxpayer to harm or legal risk.
Considerations for legal advocates and attorneys:
Survivors may not realize they are liable for their partner's tax decisions. Consider adding screening for tax liability issues to your intake questions.
Work in partnership with tax professionals when helping survivors pursue:
Innocent Spouse Relief
Equitable Relief
Dependent claims disputes
Protective orders can be used to restrict access to tax records in some jurisdictions.
💸 3. Tax benefits, credits & resources for survivors
There are several tax benefits, credits, and resources available for survivors of intimate partner violence and abuse. These tools can provide crucial financial support to survivors, and professionals can help ensure they’re accessed safely.
✅ Innocent Spouse Relief (Form 8857)
The Innocent Spouse Release (Form 8857) provides relief from tax debt caused by a former or current spouse’s errors or fraud on joint returns.
The IRS will consider domestic violence, coercion, and control when evaluating claims.
There are three types:
Innocent Spouse Relief (debt due to errors)
Separation of Liability (for separated or divorced survivors)
Equitable Relief (for unfair liability due to abuse or control)
You (or a loved one on your behalf) can visit the IRS’s website for more info on Innocent Spouse Relief.
✅ Head of Household Status
Can result in larger refunds and lower tax liability.
Survivors may qualify if they’ve lived apart from their spouse for at least half the year and are the primary provider for a dependent.
✅ Earned Income Tax Credit (EITC)
Refundable credit for low- and moderate-income earners.
Especially beneficial for survivors who’ve had to reduce work hours, change jobs, or relocate due to safety.
✅ Child Tax Credit (CTC)
Up to $2,000 per child under 17, even if a survivor has limited income.
If both parents attempt to claim the same child, the IRS will follow tie-breaker rules, often favoring the parent with primary custody.
✅ Education Credits
Survivors pursuing new education or job training may qualify for:
American Opportunity Tax Credit (up to $2,500/year*)
Lifetime Learning Credit (up to $2,000/year*)
✅ Free and confidential tax filing support
VITA (Volunteer Income Tax Assistance):
IRS-certified volunteers help survivors, low-income taxpayers, and people with disabilities file for free.
Find a VITA location in your area or call or call 800-906-9887.
TCE (Tax Counseling for the Elderly):
Available for survivors age 60+, often in senior centers or libraries.
Find a TCE location and the various services offered in your area.
IRS Free File:
The IRS provides free online filing assistance for those earning under a certain income threshold.
✅ Legal and advocacy resources
Pro bono services and low-cost legal help: legal aid in most states provide tax advocacy as part of survivor support. Find your local legal aid organization, as well as other pro bono and low-cost legal help.
National Domestic Violence Hotline (thehotline.org or 1-800-799-7233) connects survivors to local support and safe tax help.
Taxpayer Advocate Service (TAS):
Taxpayer Advocate Service (TAS) is a free, independent service within the IRS for those facing hardship or abuse-related issues.
🤝 What professionals can do to help and support survivors
For tax professionals:
Create trauma-informed spaces: offer private consultations, avoid judgment, and recognize signs of financial control.
Help survivors file corrected returns, apply for relief, or prepare affidavits.
For lawyers and legal aid:
Partner with tax professionals for holistic advocacy.
Consider filing motions for relief related to tax liability during divorce or custody proceedings.
Educate survivors on their rights and walk them through processes like Innocent Spouse Relief.
For DV advocates:
Include tax preparation and financial safety planning in survivor services.
Host community tax clinics or refer to trusted professionals who understand trauma.
Help survivors understand financial abuse tactics (see the economic and financial abuse section in our What Counts as Domestic Violence guide) and connect them to financial empowerment information and services, such as from our friends at Finability.
🧭 Final tips for navigating tax season as a survivor
Know that you are not alone. If you have been intentionally isolated from your finances, you do have options. Taxes are overwhelming, but you can take back financial control with the right tools and people in your corner.
Trust your instincts. If something feels off, don’t ignore it, reach out to a domestic violence organization for support.
Keep records and screenshots of financial documents, communication, or tax filings.
Avoid sharing tax refunds unless it's court-ordered and safe.
Speak to an advocate or attorney before signing anything if you feel unsure.
Be aware if you’re concerned your partner has access to your accounts.
Reach out. Seek support. Ask questions. You deserve clarity, safety, and a future that belongs to you.
📌 Additional resources to support survivors of domestic abuse during tax season
American Bar Association | Free legal answers
IRS Free File | Free online tax filing assistance
LawHelp.org | Free legal aid for low to moderate incomes
Law Help Interactive | Free assistance filling out legal forms
Laws and Legal Issues | Comprehensive list of resources
National Domestic Violence Hotline | 1-800-799-7233 (24/7)
VITA Tax Preparer | Free tax preparation
Legal Services Corp (LSC) | Local legal aid
Taxpayer Advocate Services | Understand your rights
Law School Directory | Law school pro bono programs
Tax Resources | Comprehensive list of tax resources
