Filing Taxes During a Divorce: What You Need to Know

        Filing Taxes During a Divorce: What You Need to Know

What You Need to Know

Divorce can be a complex and emotional process, and one area that requires attention is filing taxes. When a couple decides to divorce, there are several tax implications that they should be aware of. In this article, we’ll discuss what you need to know about filing taxes during a divorce.

  • Filing Status

The first thing to consider is your filing status. Your marital status on December 31 of the tax year determines your filing status for that year. If you and your spouse were still married on December 31, you can choose to file a joint tax return or file separately.  If you have already obtained a divorce, you are required to file as either single or head of household, depending on your individual circumstances.

It’s important to note that filing a joint tax return can have advantages, such as lower tax rates and a higher standard deduction. However, you will both be liable for any taxes owed, including penalties and interest, even if you later divorce. If you file separately, you will each be responsible for your own taxes, but you may not be eligible for certain deductions and credits.

  • Alimony and Child Support

Alimony, also known as spousal support, is a payment from one spouse to another after a divorce. It’s important to note that alimony payments are taxable income for the recipient and tax-deductible for the payer. You must report the payments on your tax return and provide the payer with your Social Security number.

Child support, on the other hand, is not taxable income for the recipient and is not tax-deductible for the payer. It does not need to be reported on your tax return.

  • Property Division

During a divorce, property and assets are divided between the two parties. It’s important to understand the tax implications of property division. Generally, the transfer of property between spouses is tax-free. However, if you sell an asset as part of the divorce settlement, you may be subject to capital gains tax.

Receiving a retirement account, such as a 401(k) or IRA, as part of the settlement, comes with the responsibility of paying taxes on withdrawals. In addition, withdrawing money before age 59 ½ may result in an early withdrawal penalty. It’s important to consider these factors when negotiating the division of property during a divorce.

  • Child Tax Credit and Dependents

If you have children, you may be eligible for the Child Tax Credit. This credit is worth up to $2,000 per child and is available to taxpayers who have dependent children under age 17. The credit is phased out for higher-income taxpayers.

It’s important to determine who can claim the child as a dependent. Generally, the custodial parent is entitled to claim the child as a dependent for tax purposes. However, you can also negotiate this in your divorce settlement agreement.

Final Thoughts

Filing taxes during a divorce can be complicated, and it’s important to seek the advice of a tax professional or Divorce financial planner CDFA®  if you have any questions. Be sure to keep accurate records and communicate with your former spouse to ensure that you both file accurately and efficiently. By understanding the tax implications of divorce, you can avoid surprises and ensure that you are meeting your obligations as a taxpayer.

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