Can I get innocent spouse relief if I'm still married?

Yes, you can request innocent spouse relief while still married to the spouse whose tax actions are causing the problem. You do not need to be divorced, separated, or even living apart to file Form 8857. However, being married and living together can make it harder to prove you 'didn't know and had no reason to know' about the understatement, which is a requirement for traditional Innocent Spouse Relief under Section 6015(b). The IRS considers factors like your education level, involvement in family finances, whether your spouse deceived you, and whether you questioned items on the return. Equitable Relief (Section 6015(f)) may be more appropriate for married couples, as it considers broader circumstances including economic hardship and whether holding you liable would be unfair. If you're still married, be aware that the IRS will notify your spouse about your innocent spouse claim, which may affect your relationship. Also note that for the current and future tax years, you can choose to file 'Married Filing Separately' to avoid future joint liability, though this typically results in a higher combined tax bill.