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Are the Fees of a Divorce Tax Deductible?

Thursday, October 26, 2017
Are the Fees of a Divorce Tax Deductible?

If there is one thing a divorce can cause upheaval in aside from your family life, it is with your taxes. After a split, your tax status can change dramatically. You may have to claim significantly less, but you can also deduct significantly less. While alimony has to be reported on taxes, what about the other financial matters associated with a divorce, like the legal fees?

One of the most beneficial things you can do when tax season rolls around the first year after your divorce is to consult a tax professional. The IRS can make even simple mistakes into very costly ones, which is why you want a professional to help you. However, while it can depend on your unique circumstances, when it comes to the tax-deductible nature of any divorce fees, most professionals will say it is not possible to deduct them. In general, the IRS considers a divorce and thus any fees from that as a personal expense, so it has to come out of pocket. Even if you somehow had to end up paying for the legal fees of your spouse, you still cannot deduct them.

In terms of spousal support, typically these payments are not deductible either, but there are some very special exceptions that may make a portion or all of it tax deductible. Unfortunately, tax law is so complicated it merits having a professional look over your fees. We are not tax lawyers, but if you need representation to make sure your divorce is fair and successful as well as doesn’t rack up tons of (non-tax-deductible fees), contact us today.


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