Divorce and Filing Taxes

As a general rule, I do not give tax advice.  I don't even do my own taxes and you most certainly do not need to rely on me to complete your tax return.  Nevertheless, there are numerous tax considerations that come into play both during and after a divorce.

When parties are going through a divorce, it can make filing your taxes even more difficult than normal.  As a general rule, if you are still married at the close of the calendar year, you should still be able to file a joint tax return.  This is very important since most couples plan the withholdings throughout the year with an eye toward filing a joint return.  Filing individually will most likely result in a higher tax obligation or smaller return.  Regardless, any tax obligation incurred or refund received during the marriage is generally going to be considered a marital obligation or asset that will need to be divided in the divorce.

If you are still in the midst of your divorce, make sure you discuss how you and your soon-to-be ex spouse will be filing your taxes.  Be sure to consult with your tax professional about the best possible way to file.  The earlier the better if you think there is a chance that your spouse may try to get the jump on you and claim deductions before you get the opportunity.  While you may be able to get a court order to force your spouse to file an amended return, it is a much, much better practice to be proactive.

While I cannot file your taxes for you (and you don't want me to), we can work together with your accountant to make sure that you get every legal advantage while helping you through your divorce.

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