Divorce can significantly change life and has considerable implications on taxes. Tax filing after divorce requires understanding new filing statuses, exemptions, child deductions, alimony, and property settlements, among other things. Here are the steps to help navigate filing taxes the first year after divorce.
Understand your filing status
Tax filing status largely affects how much one pays in taxes. One’s marital status on December 31 determines your tax filing status for that year. If the divorce is final before the end of the year, the IRS considers you unmarried for the whole year. Therefore, it’s required to file as single or head of household.
Single— Single status may be appropriate for taxpayers not qualifying for other filing status.
Head of household—Head of household status typically allows for a higher standard deduction and lower tax rates than the single-filing status. One may qualify for this status by maintaining a household for a child, dependent parent, or other qualifying relative for more than half the year and being unmarried or considered unmarried at the end of the year.
Claiming exemptions and deductions
Under the Tax Cuts and Jobs Act (TCJA), various personal and dependent exemptions have been eliminated from the tax code until 2025. However, you can claim the child tax credit as the custodial parent. The custodial parent is generally the one with whom the child spends more than half the year.
The TCJA also increased the standard deduction. For this tax year, visit with financial and tax professionals to determine which itemized deductions may be available to you, depending on your situation.
Account for alimony
Alimony paid and received also affects tax filings after divorce. The TCJA made some significant changes to the tax treatment of alimony:
For divorce agreements finalized after December 31, 2018, alimony payments are not deductible by the payer and are not taxable to the recipient. In divorce agreements before this date, the payer can deduct alimony payments, considered income, to the recipient. Make sure to understand how these rules apply to your situation.
Understanding property settlements
Taxes also come into play with property settlements in a divorce. Usually, there’s no gain or loss to report on your tax return from transferring property between spouses during a divorce. However, capital gains tax may apply if property received in a divorce settlement sells.
Seek professional guidance
Filing taxes after divorce can become complex, as many factors come into play. It is advisable to seek professional help. Consult with a tax advisor or a CPA specializing in divorce taxes. If you’re working through the divorce process, consider engaging a financial professional specializing in divorce. They can help anticipate the long-term effects of different settlement options while maximizing eligible deductions and tax benefits.
Important Disclosures:
Content in this material is for educational and general information only and not intended to provide specific advice or recommendations for any individual.
This information is not intended to be a substitute for specific individualized tax advice. We suggest that you discuss your specific tax issues with a qualified tax advisor.
All information is believed to be from reliable sources; however, LPL Financial makes no representation as to its completeness or accuracy.
This article was prepared by Fresh Finance.
LPL Tracking #664424
Sources:
https://www.irs.gov/individuals/filing-taxes-after-divorce-or-separation
https://www.hrblock.com/tax-center/filing/personal-tax-planning/divorce-and-taxes
