Tax concerns after a divorce

On Behalf of | Oct 11, 2023 | blog, Family Law | 0 comments

According to the IRS, how you handle taxes after a divorce depends on your marital status on December 31.

Understanding the tax implications of your divorce is important. You want to avoid making mistakes that could be very costly in the long run.

Filing status

One of the most immediate tax-related decisions you will face after divorce is your filing status. Your filing status can significantly impact your tax liability. If your divorce is final as of the last day of the year, you can file as single or head of household. However, if you are still in a marriage, you should file married filing jointly or married filing separately.

Child custody and dependents

Child custody arrangements can have tax implications. You must know which parent can claim the child as a dependent. This claim comes with various tax credits. Be sure to clarify these matters in your divorce agreement to avoid disputes later on.

Property division

When you divide marital property, it generally does not result in immediate tax consequences. However, the future sale of certain assets, such as real estate or investments, could have capital gains tax implications.

Retirement accounts

If you or your spouse have retirement accounts, like 401(k)s or IRAs, they may be subject to division during divorce. The division process should ideally occur without incurring early withdrawal penalties or immediate tax liability. Utilizing a Qualified Domestic Relations Order can help ensure tax-advantaged transfer of retirement funds.

Tax Bracket

After divorce, your financial situation may change significantly. You may find yourself in a different tax bracket, which will impact your tax liability. Adjust your tax withholding accordingly to avoid underpayment or overpayment of taxes.

In addition to direct taxation concerns, you also want to ensure that you update your personal information with the IRS and other relevant agencies. This helps prevent any discrepancies or delays in tax-related matters.