Tag Archive for: filing status and divorce

How do I file my taxes if I am getting a divorce?  

Going through a divorce can bring tax implications that you may not be aware of until long after you finalize the proceedings. What should you expect when it comes time for your first tax filing after your divorce? Our team will review the details based on your specific divorce. Here are some details to help answer your questions.  

First and foremost, you file your taxes based on your status as of December 31st of the previous year. If you were officially divorced by December 31st of the previous year, then you are going to file on your own. If you were not divorced by the end of the year, then you have the option to file together or file separately. Each has advantages and disadvantages, which an accountant can review with you at tax time.  

Understand the Long-Term Implications That Await

Dissolving your marriage means you’ll (more than likely) no longer share marital assets with your spouse and, instead, become the sole owner of various investments or properties. When you report your income to the IRS as an unmarried individual, the taxes owed can look quite different from when you were married. 

Say you plan to stay in the home you shared with your spouse, which calls for them to receive more in retirement investments, so your division of assets remains equitable. You will be responsible for any capital gains tax when you eventually sell the home. Consult an accountant to learn about divorce and tax deductions that come with the assets you receive following a marriage. 

Navigating Filing Status Changes Amid a Divorce

Your first tax filing after your divorce may not bring immediate changes, depending on the timing. 

Remember, if you finalize your divorce in January of 2026, the IRS will recognize you as married for the 2025 tax year because your divorce was not finalized before the December 31 deadline. In this case, you could file your 2025 taxes jointly or as married filing separately.

Changes could be afoot when you have to file as a single individual. For example, you could claim head of household status if you meet the following criteria:

  • Being either single, divorced, or legally separated on the last day of the tax year
  • Paying more than half of a household’s necessary expenses throughout the year
  • Living with a dependent for at least six months

Are alimony and child support taxable income?  

The simple answer here is usually not. However, if you were divorced long ago, you may be required to still count alimony as income for tax purposes.  

Become Familiar With Alimony Tax Rules and Child Tax Credits

If you have young children, your divorce decree will name a custodial parent. The custodial parent is the person who has the children in their care for the majority of the year. This person can claim child tax credits. 

Our Divorce Attorneys Are on Your Side – Contact Us Today

Don’t approach a tax filing after your divorce without proper knowledge. Team up with Karen Ann Ulmer, P.C., and let our resourceful attorneys prepare you for all aspects of a divorce. We have years of experience practicing family law and are ready to see you through this transition. 

Call (866) 261-9529 or use our online booking tool to schedule a free legal consultation.