Tax Liability
Taxes are a huge subject of debate in divorce actions.
- Who is going to be responsible for paying taxes on this
year's income?
Who is going to claim the children as exemptions on this
year's taxes?
Should the parties file jointly or separately (assuming they
are still technically married on December 31st)?
What will happen to the refund on last year's or this year's
return?
Who will be responsible for preparing this year's tax
return?
For divorces
finalized after December 31, 2018, maintenance can no
longer be taxable income for the recipient or deductible to the
paying party. (See discussion
of the
Tax Cuts and Jobs Act of 2017 (TCJA) on our
Maintenance
page.) What are the possible maintenance options?
Will one party indemnify the other from liability on state,
federal and local taxes? (Particularly important if there
is a business enterprise involved.)
These are only a few of the questions you need to review with
your attorney during the divorce process.
Remember, it's much easier to divide assets than to divide
liabilities. People are happy to take all or part of an asset
but they're never anxious to take on tax liability or other debts.
If you have a complex financial estate, you would probably be
well advised to also consult with your Certified Public Accountant
or a tax attorney.
The Internal Revenue Service has
a great deal of information and material available on the subject of
divorce and taxes.
While the attorneys at Hoge Partners, PLLC
cannot give you specific tax advice, there are many questions they
can address as they relate to the structuring of your divorce.
They can also connect you with a qualified, experienced tax attorney
who can discuss specific tax questions you may have.