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Economy

What you must know before going for a divorce settlement

June 17, 2022

Getting a divorce can be an emotionally draining process. But it doesn’t have to be a financially draining procedure as well. Here’s how you can save on taxes as you go through your divorce settlement :

What to keep in mind while making alimony payment :

Alimony is the amount of money that a person has to pay to an ex spouse as part of the divorce decree. There are a number of factors which determine the amount of money a person has to pay, and depending on the financial condition of the spouses, there may not be alimony as decided by the judge.

After Tax Cuts and Jobs Act of 2017, money paid in alimony after the year 2018 is no longer deductible by the paying spouse. It is also not considered taxable income for the spouse receiving alimony.

652234/Pixabay. Settlement of property among spouses during a divorce is common, and knowing the laws regarding property transfer can make the process profitable.

Property settlements:

Property is often transferred amidst spouses as part of a divorce settlement. A vehicle or a property may be transferred from one spouse to the other so that the two can get an equal share of joint property which they together acquired during the period of their marriage

Usually, a marital property settlement is not considered taxable if the transfer is made due to the divorce. The property transfer is only considered as an incident of th3 divorce if it happens within the period of one year after the marriage ended.

Siora Photography/Unsplash. The change in marital status will also affect filing income and property taxes for both partners.

Change in marital status:

During the time a couple was married, the two had the choice of filing joint or separate income tax returns. After the divorce, these filing statuses would no longer be available to either of the spouses. You would only be eligible to file as single, or as a household head in case you have qualifying dependents.

The change in marital status can possibly change your tax bracket. If you had a working spouse coupled with a stay at home spouse, the couple fell under a lower tax bracket. But after their divorce, the earning spouse ends up in a higher tax bracket and could owe more in taxes since they don’t get the same tax exemption as before.

engin akyurt/Unsplash. Going ahead with a divorce will not end your tax liability in case of property transfer.

It is important to remember that opting for a divorce will not end your tax liability towards the divorce agreement and in case of transfer of assets. The IRS is likely to randomly audit the tax returns of a divorced couple for upto three years, which could be extended to seven years if the IRS has cause.

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