Divorce & Marriage Issues
The most frequently asked tax questions related to Divorce & Marriage Issues
If I file as Married Filing Separately, are there any tax benefits that will be lost ?
Asked Thursday, October 05, 2000 by an anonymous userCPA Answer:
Yes. The American Opportunity or Lifetime Learning credits are not available for married filing separate returns. For MFS you must have lived apart from your spouse for the last 6 months of the year to take advantage of the dependent care, earned income, elderly credits and the $25,000 rental loss allowance. Also Social Security will be 85% taxable. Speak to your local CPA abount the tax strategy of using married filing jointly or married filg separately.
If it costs me more in taxes , why would I file married filing separately ?
Asked Thursday, October 05, 2000 by an anonymous userCPA Answer:
Some spouses have had problems with the IRS in the past and still owe the IRS taxes. When you file a joint return, you and your spouse are both equally responsible for the taxes owed on that return. Any refund you might have been entitled to could be used to pay your spouse's existing liability with the IRS or the state. Lastly, some people do not want their spouse to be aware of all of their financial involvement.
I have been living with my spouse in a common law marriage for the past 3 years . Do I file my tax return using the filing status of joint or single ?
Asked Thursday, October 05, 2000 by an anonymous userCPA Answer:
If at the end of the tax year you lived together in a common law marriage that is recognized by the law of the state where the marriage began or in which you live, you may file as married filing jointly or married filing separately.
Property settlement from divorce settlement - taxable?
Asked Thursday, October 05, 2000 by an anonymous userCPA Answer:
Generally, property settlements "incident to a divorce" are considered tax-free exchanges and are not reportable or taxable.
Generally, a transfer is "incident to a divorce" if the transfer occurred within one year after the marriage ceases, or any transfer persuant to a divorce or separation agreement occurring within 6 years of the end of a marriage.
Generally, a transfer is "incident to a divorce" if the transfer occurred within one year after the marriage ceases, or any transfer persuant to a divorce or separation agreement occurring within 6 years of the end of a marriage.
Alimony - still living in the same house as spouse
Asked Thursday, October 05, 2000 by an anonymous userCPA Answer:
Generally, alimony payments are not taxable or deductible if you live in the same household as your divorced or legally separated spouse.
But, if you are separated under a written agreement, but not legally separated under a decree of divorce or separate maintenance, then you may claim the deduction.
Speak to your local CPA about the deductibility of your alimony payments.
But, if you are separated under a written agreement, but not legally separated under a decree of divorce or separate maintenance, then you may claim the deduction.
Speak to your local CPA about the deductibility of your alimony payments.
Is my husband's IRA that I received at the divorce settlement taxable to me?
Asked Thursday, October 05, 2000 by an anonymous userCPA Answer:
As part of a divorce settlement decree or a legally separately decree of separate maintenance, the transfer of a traditional IRA to you is considered a tax-free transfer and not reportable or taxable.
Is there a deadline in which a person can select the Innocent Spouse Relief election ?
Asked Thursday, September 21, 2000 by an anonymous userCPA Answer:
Yes. The taxpayer has until two years from the due date that the IRS first attempts to collect tax from you on the joint return to make the innocent spouse election. The election is filed on Form 8857.
Divorced in December - Do I file using joint or single filing status ?
Asked Thursday, September 21, 2000 by an anonymous userCPA Answer:
Regardless of the date, if you are divorced during the tax year or have a separate maintenance agreement, you are treated as unmarried for the whole year. If you remarry before the end of the year, you will be treated as filing a joint return or you may elect to file as married filing a separate return. An unmarried person with a child may use the filing status of head of household. A unmarried person without a child will be treated as single. Speak to your local CPA before you file your tax return.
Is there any way I can prevent my IRA from being shared with my spouse during a divorce?
Asked Sunday, September 17, 2000 by an anonymous userCPA Answer:
No. Whatever monies earned in that IRA during your marriage is considered a marital asset. As a result, this means that if you get divorced your spouse will be entitled to 50% of the money. You would also be entitled to 50% of your spouse's retirement money. This is true even if you did not name your spouse as the beneficiary of the IRA.