DIVORCE, LEGAL SEPARATIONS, AND TAXES

From the emotional toll it takes on you and your family to the potential long-term effects it may have on your taxes, it is reasonable to believe that divorce can be a confusing and trying process. When it's time to leave or separate, call Brotman Law; we resolve even the most challenging divorce tax issues cleanly and efficiently.

GET TAX HELP

GET QUICK SUPPORT FROM OUR DIVORCE TAX ATTORNEYS

INNOCENT SPOUSE TAX RELIEF

The laws surrounding innocent spouse relief can be confusing. We are very familiar with all the tax codes in this field, can help you prepare and complete the necessary IRS paperwork.

TAX DEFERRALS

The distribution of property during divorce may give rise to tax considerations. Some assets include deferred taxes. The experienced attorneys at Brotman Law identify and evaluate these tax matters in the context of property distribution.

DIVORCE TAX ADVICE

Don't be a victim of the IRS when going through a difficult life event like divorce. Debt and divorce are onerous. Our advice will go a long way to getting you the results you deserve.

Couples going through a divorce usually have a lot on their minds. As such, vital aspects of their financial planning might be overlooked. In the case of tax liability, a green mistake can result in additional financial snags on top of the divorce.

In order to avoid blunders that could further complicate your life and divorce, you should seek the assistance of a tax attorney. Tax issues in divorce proceedings can arise out of nowhere, and only a professional can help you identify them along the way. Further, typical divorce attorneys will sometime try to distance themselves from the tax concerns of a divorce as they want to escape the responsibility.

If your divorce lawyer is not taking into account the tax implications of your divorce settlements, you can miss out on a sizeable amount of what you are rightfully owed. Or, in the worst-case scenario, be extorted for a larger settlement because of past tax noncompliance.

The only way to ensure that you stay compliant and attain equitable divorce terms is by enlisting the help of a divorce tax attorney who appreciates the tax implications of divorce. If you are considering divorce or recently divorced, the attorneys at Brotman Law can help you file relevant taxes, negotiate settlements, and stay compliant with the tax code.

Divorce may be extremely stressful, and leaving unresolved crucial tax issues can make things even worse. A seasoned tax attorney can ensure any divorce or separation arrangement does not subject you to unfavorable tax exposures.

There are several tax implications to consider during a divorce. Here are a few key points to keep in mind:

  • Filing status: During a divorce, you must choose a filing status (single, married filing jointly, or married filing separately). You will generally want to choose the filing status that results in the lowest tax liability.
  • Alimony: Alimony, or spousal support, is tax deductible for the person paying it and taxable income for the person receiving it. This can have significant tax implications for both parties.
  • Property division: The tax implications of dividing property will depend on the type of property being divided. For example, if you receive a cash settlement, it will generally be taxed as ordinary income. If you receive property, you may have to pay taxes on any appreciation in value since the property was acquired.
  • Dependent exemptions: If you have children, you will need to determine who will claim them as dependents on their tax returns. This can have a significant impact on your tax liability.

It's important to consider these and other tax implications carefully as you navigate the divorce process.

We have dealt with a ton of divorce cases and independently developed a tremendous resource network to help clients go through their divorce with as much support as they need during what is often a tremendously difficult set of circumstances.

There’s so much that happens in the divorce process: Family Court is exhaustive and expensive, the parties may not like each other, their attorney, or the other parties’ attorney. There’s a lot of frustration and personal feelings involved.

At Brotman Law, we enter the picture to create a very specific solution to a very specific problem in the middle of a complex issue. Rather than taking sides in the dissolution of the marriage itself, we are focused on getting our clients the best result possible with their tax issue. The last thing that anybody wants, in addition to fighting with their spouse, has to fight the IRS.

Divorce can be painful, frustrating, confusing and expensive. Adding tax issues might seem like it would even make it even more so. However, with our specialized divorce and tax practice, we resolve even the toughest issues cleanly and efficiently.
GET TAX HELP

DO I NEED A DIVORCE TAX ATTORNEY?

Yes. It is advisable to have a tax attorney by your side when going through something complicated like a divorce to ensure you come out stronger. At Brotman Law, we hope to help you overcome this obstacle and become your trusted advisors moving forward.

EXPERIENCED AND KNOWLEDGEABLE

We have handled countless divorce cases and helped clients get the support they require during what is often a very trying period.

FORWARD-THINKING ATTORNEYS

Our counsel to clients goes beyond resolving the current situation and entails assessment of the future impact of the decisions made now. We will evaluate how to position you for success long after divorce with regard to matters tax and protecting your standard of living.

PERSONAL CLIENT SERVICE

We are not therapists but are sensitive to our client's emotional state. Our attorneys understand the value of treating clients with compassion and respect. Particularly in a divorce, we acknowledge the uncertainty and confusion that arises, which is why communication is vital in providing you with effective representation.

CONFIDENTIAL

At times, couples aren't entirely certain that they want a divorce but rather know what to expect if they proceed. You shouldn't worry about your partner finding out when you come to us. The attorney-client privilege protects all our conversations.

HOW IT WORKS

Going through a divorce is a process that is fraught with emotional highs and lows so we will let you, the person who is going through this transition, to tell us how you want us to define our process.

Our objective at the end of this process is to put you in the best possible position while creating the best glide path going forward. However, there are two situations that can impact or slow down this process:

1) The complexity of your situation

2) Your relationship of cooperation or lack thereof, with the other parties involved.


In order to bring about cooperation with an adversarial party who is part of the divorce case is to outline a strategy that is in the best interest of all the parties. To do this we will collect facts from a variety of sources, including: you, your divorcing partner or their attorney, and the government to gauge what level of cooperation we can expect.It’s nice if they do cooperate but not entirely essential. We like to refer to the carrot and the stick analogy. Our first objective is to be diplomatic but if that doesn’t work then we always have the option of swinging the stick.

Once we know more about the level of cooperation we can expect, we meet with you to discuss a plan so that with our guidance, you can then make a decision on how you want us to proceed with your matter.

We have dealt with a ton of divorce cases and independently developed a tremendous resource network to help clients go through their divorce with as much support as they need during what is often a tremendously difficult set of circumstances.

GET TAX HELP

BOOK A FREE ASSESSMENT CALL

Set up a quick call with our firm's concierge to see if we'll be able to help you. The whole process will take 10 minutes or less. If your matter is urgent we will also help to expedite a meeting with Sam.

NEXT STEPS


Next, you will meet with the Firm Owner and Director of Legal, Sam Brotman for your consultation. Any information that you can provide or any documents you would like Sam to review are always helpful, so we can ensure that you get as much value as possible.

WE HAVE HELPED THOUSANDS OF PEOPLE JUST LIKE YOU SAVE OVER $1 BILLION IN TAXES.

STILL HAVE QUESTIONS?

Tax law can be complex, confusing, frustrating, and even scary. We're here to help!

Should high-net-worth spouses plan for divorce taxes?


The high net-worth spouse has not only considerable amounts of assets and property that must be considered but also may face extra hurdles through prenuptial agreements, divorce taxes, and other issues concerning divorce settlement. Although the presence of a prenuptial agreement is something an accountant or lawyer should always verify, tax considerations are likely to exist whether or not a prenuptial agreement guides the division of property.

Is child support taxable?


Under federal law, child support is not taxable. These payments do not affect your taxes or your ex-partner's taxes.

Who gets the child tax exemption in a divorce?


According to IRS rules, the custodial parent is eligible for the exemption. But, the rule can change in a divorce situation. For example, the rules can change when the parents agree to alternate the exemption years. In such a case, your attorney will help you negotiate a fair arrangement for you and your partner when it comes to child tax exemption.

Are divorce attorney fees tax deductible?


No, unfortunately. The IRS views the funds spent on divorce proceedings as "personal spending," as it is not usually directly related to a business, retirement plans, or inheritance.

Does the date of your divorce affect your taxes?


The date of the divorce will certainly affect the marital status applied when you and your partner file taxes. For example, if your divorce comes before Dec 31st, you and your partner will no longer be entitled to use the joint filing status for that tax year. In other words, you'll have to file individually.

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