More Tax Tips for Separated Couples
5: Itemize Legal Fees
A legal separation or pending divorce can rack up legal fees and court costs — neither of which are eligible for a tax deduction. So why bring these expenses up for discussion? Turns out, under certain circumstances you can reap a tax deduction benefit by claiming some legal fees and court costs that occur because of your separation.
While you can't write off the cost of your divorce, you may be able to deduct a few legal fees. The legal fees you can deduct include those related to tax advice or alimony, two topics that can have far-reaching consequences should you move forward without counsel.
It's important to ask for tax advice as you ponder the very real possibility that you may soon be paying or receiving alimony. Plus, a separation or divorce has significant repercussions on all types of taxes, ranging from income tax to property tax, and your legal counsel can help you navigate the waters. Just be sure to get an itemized billing statement from your legal counsel so you can identify the reason for each charge [source: Wood].
4: Track Medical Bills and Expenses
If you've separated, but have children together, be sure to track their medical expenses — even if you are not the custodial parent who can claim them as dependents. You may still be able to deduct your children's medical expenses from your federal income taxes, as long as you are the one who is footing the bill.
A U.S. Department of Agriculture study of parental expenditures on children found that parents whose before-tax income ranged from $61,500 to $106,500 spent about $1,000 each year in out-of-pocket medical costs per child. As any parent who has paid for orthodontia knows, expenses not often covered by insurance can really add up in a hurry [source: USDA].
If you are paying for all or a portion of your child's medical expenses, you can include them in your itemized medical expense deductions. There is a lengthy list of qualified medical expenses, so you'll want to consult with a tax professional or peruse IRS information. Some of the most applicable include dental treatment, eyeglasses, insurance premiums (including health, life, dismemberment and more) and prescription drugs [source: IRS].
3: Understand Innocent Spouse Relief
Did your estranged spouse underpay taxes or lie about assets on your last joint return? We're not saying it happened, but we're suggesting you should be prepared if the possibility exists. Otherwise, you may end up being equally liable for your partner's mistakes.
The best way to cover your assets is by understanding how Innocent Spouse Relief works. If you filed a joint return with a spouse who falsified income, and then you signed the return without suspecting any wrongdoing, you may qualify for Innocent Spouse Relief. This means you won't be held liable for unpaid taxes or anything else that may have been misrepresented.
There are other, more nuanced forms of Innocent Spouse Relief that could offer protection, even if you don't meet the traditional criteria. If you've been living apart from your spouse for a year before filing an Innocent Spouse Relief request, or if you are widowed, you may still qualify. There are additional protections for spouses who were under threat of domestic violence at the time the taxes were filed, too [source: IRS].
2: Don't Deduct Child Support
Child support is the term used for court-ordered payments to support a child or children age 18 or younger. When you have children and become legally separated, child support usually factors into the arrangement. If you are not legally separated, but informally estranged, you are not required to pay child support, although some parents opt to make voluntary payments. Although these voluntary payments won't count toward any future court-ordered child support payments, be sure to record the financial contributions you make.
Whatever the arrangement, money paid for child support is not tax deductible. For example, if Sarah pays $300 a month in child support during her separation from Ben, it is not an expense she can deduct from her income taxes. And, if she falls behind on child support payments, her tax refund could be garnished for child support.
On the other hand, Ben, who is receiving child support, does not have to claim the money as income. Because child support can't be claimed as income, it's not subject to taxation, either [source: Wall-Cyb].
1: Beware Capital Gains
There's only one home and there are two of you. Clearly, you can't both lay claim to the place if you're heading toward divorce, so why not sell it? For many couples, it's a solution worth exploring. There are, however, some tax traps ready to snap once the "sold" sign goes up in the front yard. Namely, the capital gains tax.
Capital gains tax is profit from the sale of a home. To figure the amount of capital gain, sale expenses, home improvements and the original purchase price are deducted from the sale proceeds. Anything left over is considered capital gain.
There is good news, though. While you are separated, but still married and planning to file joint taxes, you can potentially exclude up to $500,000 of capital gains if you've occupied it as a primary residence for two of the past five years. If you are filing separately, the amount becomes $250,000 per person. The $250,000 per person threshold stands if you receive the home in the divorce settlement and sell it at a later date.
If, for example, you purchased your home two years ago and are now selling it during your separation from your spouse, you will still reap some of the benefits of capital gains tax exclusion. The amount will depend on your particular circumstances, so be sure to contact a tax professional [source: Kearson].
Author's Note: 10 Income Tax Tips for Separated Couples
Taxes can be complicated. After all, the tax code changes every year and, frequently, so do our circumstances. When it comes to spousal separation and division of assets, it's important to know how seemingly simple decisions affect your finances.
- Cussen, Mark. "Divorcing? The Right Way to Split Retirement Funds." Investopedia. (Nov. 5, 2014) http://www.investopedia.com/articles/retirement/03/060403.asp
- IRS. "Alimony Paid." Aug. 18, 2014. (Nov. 4, 2014) http://www.irs.gov/taxtopics/tc452.html
- IRS. "Don't Overlook the Child and Dependent Care Tax Credit." March 20, 2014. (Nov. 4, 2014) http://www.irs.gov/uac/Newsroom/Dont-Overlook-the-Child-and-Dependent-Care-Tax-Credit
- IRS. "Innocent Spouse Relief." Oct. 15, 2014. (Nov. 5, 2014) http://www.irs.gov/Individuals/Innocent-Spouse-Relief
- IRS. "Medical and Dental Expenses." Aug. 19, 2014. (Nov. 5, 2014) http://www.irs.gov/taxtopics/tc502.html
- Kearson, Nancy. "How Will a Divorce Affect Capital Gain Taxes on Selling of Properties." (Nov. 5, 2014) http://www.calcpa.org/content/consumers/ask/2003/06.01.aspx
- Pomerleau, Kyle. "The 2014 Tax Brackets." Nov. 27, 2013. (Nov. 5, 2014) http://taxfoundation.org/article/2014-tax-brackets
- Tax Credits for Working Families. "Child Tax Credit." (Nov. 5, 2014) http://www.taxcreditsforworkingfamilies.org/child-tax-credit/
- USDA. "Expenditures on Children by Families." 2013. (Nov. 5, 2014) http://www.cnpp.usda.gov/sites/default/files/expenditures_on_children_by_families/crc2013.pdf
- Wall-Cyb, Teresa. "Alimony, Child Support and Taxes." Divorce Net. (Nov. 4, 2014) http://www.divorcenet.com/resources/divorce/divorce-taxation/child-support-alimony.htm
- Wood, Robert. "The Only Good Legal Fees Are Tax Deductible Legal Fees." Forbes. Sept. 22, 2010. (Nov. 5, 2014) http://www.forbes.com/sites/robertwood/2010/09/22/the-only-good-legal-fees-are-tax-deductible-legal-fees/
The most sweeping tax overhaul in decades became law in December 2017. HowStuffWorks explains what taxpayers can do to benefit from the tax changes.