Taxes and Divorce

Getting through a divorce can be a nerve-wracking process. There’s property to divide and monetary assets to split. Who will keep the family home? Can you survive on your own financially without spousal support? And if you have childrencustody issues will also need to be addressed.

But this isn’t where the financial analysis ends. Because divorce deals with the division of property and other assets, your taxes will be affected as well so it pays to address these issues during the final settlement.

For example, most married couples typically file a joint federal tax return. This joint filing status often results in the couple paying lower taxes and the benefit of some additional credits and deductions not available if the returns are filed separately. Of course, if you do choose to file jointly, you should be aware that both you and your ex will be on the hook for any penalties due to an incorrect filing. As a result, many divorcing couples look to the Innocent Spouse Relief before choosing how to file to determine if they would be protected from additional penalties and fees.

Some individuals may also have the option of filing as Head of Household, a status that is even more favorable than the “Married Filing Jointly” tax bracket.

In addition to filing status, divorcing or separated couples must also decide who will claim the children as dependents and how property distributions will be treated under the tax code. This can include the sale of the marital home as well as retirement account distributions and the division of stocks and bonds.

Alimony is another consideration as some spousal support arrangements can be tax deductible for the party that pays while others are not. To determine the best way to file, you should discuss these issues with your spouse and try calculating the different filing methods to see which one works best for you.

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Taxes and Divorce Articles

Qualified Domestic Relations Orders (QDRO)

While most people know certain family law terms like “community property” and “visitation“, even if they haven’t been involved in a divorce, they generally haven’t heard the acronym “QDRO” before. It is, though, quite common. A Qualified Domestic Relations Order or QDRO is a legal tool used to divide retirement accounts. Specifically, it is a [...]

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Choosing Your Filing Status After A Divorce or Separation

Tax Filing Issues For Divorcing Couples One of the biggest tax issues that divorcing or separated couples face is the question of how to file their income tax returns. And a big question it is. In general, couples who were legally “married” on the last day of the tax year (typically December 31st) are allowed [...]

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Selling the Marital Home After A Divorce

When a couple gets divorced, one of the biggest assets they will have to split is the marital home. But what are the tax consequences of how the home is handled?

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Can I File as Head of Household on My Taxes?

Changing Your Tax Filing Status After Divorce

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Does the IRS Have to Recognize Liabilities Assigned in a Divorce Decree?

Frequently Asked Questions About Divorce and Taxes

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How Do I Change My Name for Tax Purposes?

Using the Same Name on Your Social Security Card and Tax Return

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Can I Claim My Child as a Dependent Now That I'm Divorced or Separated?

Tax Status of Your Dependents After the Split

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