• Home
  • About Us
    • Our Team
    • Areas We Serve
    • Giving Back
    • Employment Opportunities
  • Cases
    • Absolute Divorce
    • Adoption
    • Alienation of Affection
    • Alimony
    • Annulment
    • Child Custody & Support
      • Child Custody FAQ
      • Child Support FAQ
      • Child Support Enforcement
    • Divorce
      • Collaborative Divorce
    • Domestic Violence
    • Grandparent Rights
    • Divorce Mediation
    • Prenuptial Agreements
    • Division of Property
      • Valuing Business Assets
    • Separation Agreements
    • Wills
  • Library
    • Videos
    • Books
    • Awards
  • Testimonials
  • Contact Us
  • Call Us Now!

Questions? Call Us at (704) 912-4656

Locations
(704) 912-4656
Charlotte NC Divorce Lawyer & Family Law Attorneys - McIlveen Family Law Charlotte NC Divorce Lawyer & Family Law Attorneys - McIlveen Family Law
  • About Us
    • Our Team
    • Areas We Serve
    • Giving Back
    • Employment Opportunities
  • Cases
    • Absolute Divorce
    • Adoption
    • Alienation of Affection
    • Alimony
    • Annulment
    • Child Custody & Support
      • Child Custody FAQ
      • Child Support FAQ
      • Child Support Enforcement
    • Divorce
      • Collaborative Divorce
    • Domestic Violence
    • Grandparent Rights
    • Divorce Mediation
    • Prenuptial Agreements
    • Division of Property
      • Valuing Business Assets
    • Separation Agreements
    • Wills
  • Library
    • Videos
    • Books
    • Awards
  • Testimonials
  • Contact Us
  • Call Us Now!

5 Tax Implications and Divorce

Home Alimony 5 Tax Implications and Divorce

5 Tax Implications and Divorce

Jan 11, 2012 | Posted by admin | Alimony, Divorce, Property Issues |

6629120915_556a318093_mIt’s that time of year again. The holidays are gone. The tree is down. W-2’s will be in the mail and on their way before you know it. Each year tax season brings with it new law, new questions, and new decisions. Adding a divorce or separation in the mix makes things even more complicated. Here are 5 tax implications to consider:

1. Did you receive or make alimony payments in 2011? You may deduct from income the amount of alimony or separate maintenance you paid, and you must include in income the amount of alimony or separate maintenance you received. The IRS does not limit what you report as alimony to only amounts that you designate as alimony. Noncash property settlements, whether in a lump sum or installments, do not qualify as alimony. Voluntary payments (i.e., payments not required by a divorce decree or separation instrument) do not qualify as alimony. Review topic 452 on the IRS.gov website.

2. Did you make or receive child support payments? Child support is never deductible. If your decree of divorce or separate maintenance provides for alimony and child support, and you pay less than the total required, the payments apply first to child support. Any remaining amount is considered alimony.

3. Did you move? If yes, you need to report your new address to the IRS. If you didn’t do so for 2011 be sure to update your tax withholding status with your employer for the new year.

4. Part of your divorce cost may be tax deductible. You cannot deduct legal fees and court costs for getting a divorce. But you may be able to deduct legal fees paid for tax advice in connection with a divorce and legal fees to get alimony. In addition, you may be able to deduct fees you pay to appraisers, actuaries, and accountants for services in determining your correct tax or in helping to get alimony. Talk with your accountant or CPA about this issue and be sure to bring all of your receipts and documentation with you to your appointment when you have your taxes completed.

5. Did you and your spouse sell property as part of your divorce? If so, you must report your share of the gain or loss on your income tax return for the year of the sale. This is determined by your state law governing ownership of property. For information see IRS Publication 544.

Tags: alimonyalimony paymentchild supportcomplicatedconflict of lawsdecisionsdivorcedivorce decreedivorce in the united statesfamilyfamily lawgetimplicationsincome tax in the united statesinternal revenue servicelawmarriagemixnew lawnew york divorce lawsocial issuestaxtax implicationstax season
0
Share

About admin

This author hasn't written their bio yet.
admin has contributed 36 entries to our website, so far. View entries by admin.

You also might be interested in

How Can I Establish Paternity of My Child?

Dec 30, 2011

Paternity of a child can be established in several ways.[...]

What Makes Military Divorce Different?

Jan 2, 2012

Divorcing a member of the military is very different from[...]

How Much Alimony Will I Get or How Much Will I Have to Pay in My North Carolina Divorce?

Jan 1, 2012

There are no set guidelines for awarding alimony. The judge[...]

Areas of Practice

  • Absolute Divorce
  • Adoption
  • Alienation of Affection
  • Alimony
  • Marriage Annulment
  • Child Custody & Support
  • Divorce
  • Domestic Violence
  • Grandparent Rights
  • Divorce Mediation
  • Prenuptial Agreements
  • Division of Property
  • Separation Agreements
  • Last Will and Testament

Awards & Memberships

Download Our FREE North Carolina Divorce Guidebook Download eBook

Gastonia Office

  • McIlveen Law Firm
  • 174 S. South Street Suite 301, Gastonia, NC 28052
  • (704) 912-4656

Charlotte Office

  • McIlveen Law Firm
  • 1704 East Blvd. Charlotte, NC 28203
  • (704) 912-4656

Focus Areas

Adoption
Divorce
Child Custody and Support
Alimony
Property
Separation

About The Firm
Our Team
Contact Us
Legal Disclaimer
Directions
Privacy Policy

Fresh from our blog

  • Don’t Go It Alone: The Top 10 Reasons Why You Should Never Be A Pro Se Litigant in Family Law Cases
    Don’t Go It Alone: The Top 10 Reasons Why You Should Never Be A Pro Se Litigant in Family Law Cases
  • What Happens to our iTunes Account and Other Digital Assets if we get Divorced? The Legal Challenges of Identifying, Valuing, and Dividing Digital Property
    What Happens to our iTunes Account and Other Digital Assets if we get Divorced? The Legal Challenges of Identifying, Valuing, and Dividing Digital Property
  • Sleep Deprivation Is Affecting Your Emotions
    Sleep Deprivation Is Affecting Your Emotions

Follow Our Twitter

Tweets by @McIlveenlaw

© 2025 · McIlveen Family Law Firm

  • Home
Prev Next