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the effect of divorce on taxes

tax implications related to a divorce

Obtaining a divorce invariably involves tax implications to both spouses.  Most obviously and rather significantly in terms of tax consequences, neither spouse will have the option of checking off "married filing jointly" status for the tax year in which the divorce was finalized. ​
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"head of household" status

A taxpayer who remains married but is separated from his/her spouse for at least 6 months and whose household is home for a dependent child is eligible for head of household status.
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how is alimony taxed?

In general, if you are paying alimony then you can deduct it from your income.  Often this is a benefit to both parties because the person paying alimony generally is in a higher tax bracket then the person receiving it.  Divorce lawyers will often explain this advantage when they try and justify that you can afford to pay more alimony.  This rule allows you to shift the tax burden from the high tax bracket person to the lower bracket person.  

Note:  Even though by default alimony is deductible to the person paying it and taxable to the person receiving it, you can change who is taxed by agreement of the parties in your marital settlement agreement.
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how are child support payments taxed?

Child support payments are not tax deductible.  You should consult with an attorney to determine what your child support obligation will be.

A caveat: Any unusual situation may well justify a consultation with a tax professional in order to fully comply and to receive the full benefits of the Tax Code. We do not give tax advice.
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  • Home
  • Issues to consider
    • Child Support
    • Immigration
    • Legal Insurance
    • Taxes
    • Pre-Nuptial Agreements
    • Post-Nuptial Agreements
    • Uncontested Divorce vs. Contested Divorce
  • Get Started
  • About Us
  • Contact