>Ava Turner Question By: Ava Turner  Posted in: Lawyers & Law Firms

What You Need to Know About Taxes if Getting a Divorce?

When going through a divorce, it's important to understand the implications of taxes to ensure that you make informed decisions and avoid potential pitfalls. Here's what you need to know about taxes when getting a divorce:

Filing Status: Your filing status for tax purposes is determined by your marital status on December 31 of the tax year. If your divorce is finalized by that date, you'll likely file as single or head of household. If your divorce is pending, you may have the option to file jointly or separately.

Child-Related Tax Benefits: Determine which parent will claim child-related tax benefits, such as the child tax credit, dependency exemption, and child care credit. These decisions should be outlined in your divorce agreement or court order.

Alimony and Spousal Support: Alimony or spousal support payments are generally taxable income to the recipient and tax-deductible for the payer. Ensure that the terms of the alimony agreement comply with the IRS requirements to qualify for tax benefits.

Property Division and Taxes: The division of property, such as real estate, investments, and retirement accounts, may have tax implications. Seek professional advice to understand the tax consequences of transferring or selling assets during the divorce process.

Capital Gains and Losses: Understand the tax implications of selling assets with capital gains or losses as part of the divorce settlement. Capital gains tax may apply if appreciated assets are sold, while capital losses may be utilized to offset gains.

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Aubrey LambertAnswer By: Aubrey Lambert