A Step-by-Step Guide to Filing Taxes After Divorce

Divorce can significantly change life and has considerable implications for taxes. Tax filing after divorce requires an understanding of new filing statuses, exemptions, child deductions, alimony, and property settlements, among other factors. Here are the steps to help navigate filing taxes the first year after divorce.

Step #1- Understand your filing status

Tax filing status predominantly affects the amount of taxes one pays. One's marital status on December 31 determines one's tax filing status for that year. If the divorce is final before the end of the year, the IRS considers you unmarried for the whole year. Therefore, it's required to file as single or head of household.

• Single—Single status may be appropriate for taxpayers who do not qualify for other filing statuses.
• Head of household—Head of household status typically allows for a higher standard deduction and lower tax rates than the single-filing status. One may qualify for this status by maintaining a household for a child, dependent parent, or other qualifying relative for more than half the year and being unmarried or considered unmarried at the end of the year.

Step #2- Claiming exemptions and deductions

Under the Tax Cuts and Jobs Act (TCJA), various personal and dependent exemptions have been eliminated from the tax code until 2025. However, you can claim the child tax credit as the custodial parent. The custodial parent is generally the one with whom the child spends more than half the year.

The TCJA also increased the standard deduction. For this tax year, visit with financial and tax professionals to determine which itemized deductions may be available to you, depending on your situation.

Step #3- Account for alimony

Alimony paid and received also affect tax filings after divorce. The TCJA made some significant changes to the tax treatment of alimony:

For divorce agreements finalized after December 31, 2018, alimony payments are not deductible by the payer and are not taxable to the recipient. In divorce agreements before this date, the payer can deduct alimony payments, considered income, to the recipient. Ensure you understand how these rules apply to your specific situation.

Step #4- Understand property settlements

Taxes also come into play with property settlements in a divorce. Typically, there is no gain or loss to report on your tax return from transferring property between spouses during a divorce. However, capital gains tax may apply if the property received in a divorce settlement is sold.

Step #5- Seek professional guidance

Filing taxes after divorce can become complex, as many factors come into play. It is advisable to seek professional help by consulting with a tax advisor or a CPA specializing in divorce taxes. If you're working through the divorce process, consider engaging a financial professional specializing in divorce. They can help anticipate the long-term effects of different settlement options while maximizing eligible deductions and tax benefits.