What You Need to Know About Divorce and Taxes

It’s March, and tax season is upon us. For those who have been divorced in the past year or are in the midst of a divorce, it can be more complicated and frustrating than usual. To provide some answers for those who are divorcing or recently divorced on how to file taxes correctly and avoid common errors, we have compiled our resources on the subject.

What you need to know about divorce and taxes

For an overview of the differences you’ll need to understand about filing taxes after a divorce, check out this blog post: How Will Your Taxes Change After a Divorce?

For more detailed answers on how to address divorce-related tax issues, see: Divorce & Taxes: Answers to Common Questions

This post covers the following:

  • For purposes of my filing, am I "married" or "single"?
  • Should I claim "Head of Household" for this tax filing?
  • How should we handle claiming exemptions for our children?
  • Which tax credits can I claim?
  • How do I handle spousal maintenance and child support payments on my tax return?
  • How do I handle property settlement agreements?
  • How do I handle dividing the assets in our retirement plans and the taxes associated with those plans?
  • Can I claim a deduction for the costs involved in my divorce?

Additionally, you will need to reassess which tax credits you can claim on your tax return. Check out Divorce and Tax Credits to find out:

  • Do I qualify for the Child Tax Credit?
  • Do I qualify for the Earned Income Credit?
  • Do I qualify for the Child Care Credit?

If your divorce is not yet final

If you are currently in the middle of a divorce, you should start preparing for your next year’s taxes. Download this list of the tax issues you should address before your divorce is final:

Divorce and Taxes Checklist: 8 Important Tax Considerations for Divorcing Couples (PDF)


If you have any doubts about how to file with your taxes due to a divorce proceeding, contact your attorney and your accountant – they are the people best qualified to give advice for your unique situation.

Please be advised that legal and/or tax issues can be very complex and are different for everyone, based on unique circumstances. The information provided here is informational only and should not be construed as personal legal or tax advice. Consult an attorney or tax specialist for advice on your situation.

Categories: Divorce
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