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It’s Tax Time, and For Those Dealing with a Divorce, That Leads to Questions


No one these days can turn on a radio, television or a computer without being inundated with advertisements that relate to finishing your tax return for the tax year 2012. As a result, everyone is thinking about their tax returns and what they need to do to make sure that they get them done on time and that they get them done right. For most people, this is a relatively mundane exercise that happens every year. For many others, though, this is a complicated and stressful situation that is suddenly wholly unfamiliar. That’s because they have either recently completed a divorce or they are currently involved in such a case.

Everyone who goes through a divorce will need to understand that there will need to be some pointed questions answered and some agreements reached with regards to that first tax return and perhaps beyond. Below you will find a brief overview of some of the issues that can arise for people in this situation as they relate to this process. Anyone who is facing the end of a marriage needs to obtain the help of San Diego divorce lawyers as soon as possible.

Filing Status

One of the most common questions that arises in this type of a situation involves the filing status of the spouses. Generally speaking, people who were still legally married on December 31 of that tax year will file jointly. What this means is that both spouses will be seen as equally responsible for any tax payments that are due.

Claiming Dependents

If the people who have completed a divorce had children together, another common question that arises involves the ability to claim the children as dependents. Generally speaking, the parent who has the children on the majority of the nights of the year will be the person who can claim them as dependents, but there are situations where the spouses will trade off years so that the benefits are shared. Of course, the specifics of a situation will determine the best course of action.

Spousal Support

Spousal support is generally tax deductible, but once again there are particularities that must be in place in order to avoid potential scrutiny from the IRS. For instance, these spousal support payments must not simply be part of the property division and having a documented record of these payments is always a very good idea. People who receive spousal support will generally need to declare that as income and pay taxes on it.

Overall, taxes and divorce are complicated when they must coexist. Anyone who has these questions should seek the help of a CPA who can answer them. Anyone who is facing the end of a marriage needs to seek the help of San Diego divorce lawyers who have been fighting for the rights of husbands and fathers for many years. Contact the Men’s Legal Center today to schedule an initial consultation.