Divorce & Taxes in New York: Basic Concerns

No matter what troubles are going on in your personal life, you cannot expect the government to give you any leeway when it comes to filing your taxes. Benjamin Franklin said it once, “In this world nothing can be said to be certain, except death and taxes,” and his words still hold up to this day. So, if you have recently gone through a divorce or are currently divorcing, you need to be aware of some basic concerns people in your situation have during tax season.

  1. Single or otherwise: Was your divorce final before December 31st of the last tax year? If so, you need to file yourself as “Single” now. If not, guess what? You’re still technically married in the eyes of the Internal Revenue Service (IRS).
  2. Children: Did you win primary custody of your children in your divorce? If yes, you can keep them as dependents on your tax filing. This is not the only option, though. If you have primary custody but have an agreeable reason as to why your ex should be allowed to file them as dependents, you may use an IRS Form 8332 to permit it. Of course, you both need to file one for it to be valid; you cannot just transfer dependence on a whim.
  3. Innocent spouse: You might still need to file a joint tax return with your spouse this year, and they might be intentionally hiding their assets or omitting certain items. If this is the case, you can file for innocent spouse relief, which drops any liability you might have for an erroneous joint tax filing caused by your spouse’s behavior alone.
  4. Deductions: Some legal fees related to your divorce will not be tax deductible, unfortunately. You should check with your attorney to see if there are any exemptions applicable to your case, such as expenses paid to enforce an alimony payment.

Realistically, this list is only the tip of the tax-divorce complications iceberg. Everyone’s divorce is going to be different from the next so, in many ways, the impact on your taxes will also be just as varied. To make sense of your own unique situation, allow our Dutchess County divorce attorneys to help you understand what is going on during a free initial consultation. We have decades of combined legal experience in the area of family law, and we have also been awarded the 2015 Avvo Client’s Choice for Family Attorneys in New York.

Dial 845.605.4330 to connect with the Law Office of Dennis R. Vetrano, Jr., LLC today.

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