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Tax Talk: Navigating Divorce with Beveridge Law Firm

by | Dec 10, 2023 | Firm News

Introduction: In this fictional question and answer session, we delve into the complexities of taxes during divorce. As the founder and owner of Beveridge Law Firm, I, Ben Beveridge, am here to answer your tax-related queries, providing insights and guidance to help you navigate the intricate world of divorce and taxes.


Q1: Can you explain how filing status works during a divorce in Texas?

A1: Certainly. When going through a divorce in Texas, your filing status is crucial. If you were still legally married as of December 31st, you must maintain your marital status for that tax year. You can choose between “married filing jointly” or “married filing separately,” each with its pros and cons depending on your unique situation.


Q2: What are the risks and benefits of filing jointly during a divorce?

A2: Filing jointly can offer advantages like tax breaks and a higher standard deduction, especially if there’s cooperation between spouses. However, it comes with risks. Both parties may be held responsible for taxes owed, regardless of the divorce decree. It’s a collaborative option best suited for amicable divorces.


Q3: If cooperation is a challenge, is there an alternative to filing jointly?

A3: Absolutely. If collaboration is difficult, “married filing separately” is an option. This choice grants individual responsibility for tax returns, relieving you of any responsibility for your spouse’s tax debts.


Q4: What if the divorce is finalized before the end of the tax year? Can I change my filing status?

A4: Yes, you can. Once the divorce is finalized before the year-end, you may transition to “single” or “head of household” if you meet specific criteria, including the absence of your spouse for the last six months and providing more than half the home expenses for the year.


Q5: How does child custody impact claiming children as dependents for tax purposes?

A5: Custody arrangements play a crucial role. Generally, the custodial parent claims the child. However, if parents share custody equally and don’t file jointly, they’ll need to decide. The custodial parent typically claims the child, but agreements can be reached.


Q6: What’s the tax implication of alimony, and has there been any recent change in the rules?

A6: Alimony, under specific conditions, used to be tax-deductible for the payer and taxable income for the recipient. However, post-2018 divorce rulings changed this, making alimony payments non-deductible for the payer.


Q7: How does property division in divorce impact taxes, especially with assets like retirement accounts and pensions?

A7: Property division can alter the taxable value of assets like retirement accounts and pensions. It’s crucial to handle transfers properly to avoid tax penalties. Seeking legal guidance, such as from Beveridge Law Firm, is advisable in such cases.


Q8: What happens to tax refunds and responsibilities after a divorce?

A8: If you filed jointly, the IRS allows for splitting tax refunds. If taxes are owed, the responsibility varies based on the filing status. Joint filers share the burden equally, even if the divorce decree designates one spouse responsible.


Q9: Are there relief options available for unpaid taxes or facing an audit post-divorce?

A9: Yes, several relief options exist, such as Innocent Spouse Relief, Separation of Liability Relief, Equitable Relief, and Injured Spouse Status Relief. The eligibility criteria and filing timelines vary, and Beveridge Law Firm is here to guide you through these processes.


Conclusion: In this hypothetical Q&A session, we’ve explored key tax considerations during divorce. Remember, this is general information, and for personalized advice, it’s always recommended to consult Beveridge Law Firm or your dedicated tax professional. We’re here to guide you through the complexities of divorce and taxes, ensuring a smoother financial transition.