5 Things to Consider After Divorce
Author: Jenny Shilling
When you were married it was supposed to last forever. Sometimes "Happily Ever After" just isn't in the cards. When your marriage doesn't last, there are many tax implications for both parties involved. Living in a community property state can also make your taxes more complex. Here are 5 things you should consider after your divorce is finalized.
- Claiming your children as dependents. Deciding which parent will claim your children is critical. After 2009, a parent must relinquish their claim for a tax exemption by filing IRS Form 8332. This should not be taken lightly. The parent who is able to claim a child as their dependent receives a deduction of $3,900 on their tax return. A tax payer is able to apply this deduction for all children living at home between the ages of 6 months and 19 years, or 24 if the child is a full-time college student.
- Your new filing status. When you were married you had the ability to choose between two filing statuses, Married Filing Joint (MFJ) or Married Filing Separately (MFS). When your divorce is finalized your filing status reverts back to Single status. The ability to file as Head of Household is a possibility if you have been living apart from your spouse for 6 weeks and contribute more than half of the money to support the household. Being able to file as Head of Household can bring about bigger tax savings, so review your situation–or have an experienced, qualified tax professional review your situation–carefully. If you are uncertain about what your filing status is, the IRS provides a handy questionnaire.
- Receiving or Paying Alimony. While receiving alimony may be a benefit to a spouse who is not working, looking for work, or who makes less than their former spouse it is important to remember than alimony is taxable income to the recipient. Increasing your income may also have an effect upon your tax bracket and your tax liability.
- Divvying up your Assets. Certain assets bring with them certain tradeoffs. If you own your home, a decision must be made concerning selling the home or receiving it as part of the divorce settlement. If the house is sold, any gain must be divide in half between you. If the house is received as part of the divorce settlement, the receivor is able to deduct the mortgage interest. Discussing how the receipt or sale of assets will affect your tax return with a qualified tax professional will enable you to know tax benefits or disadvantages you will receive or give up.
- Retirement. When splitting up your retirement benefits be sure to obtain a qualified domestic relations order (QDRO) in order to secure treatment of these assets as your personal retirement assets and not those of your former spouse.