Tax Season and Divorce

Almost immediately after the holiday season comes yet another: tax season. Though the final day to submit taxes isn’t until April, people generally begin collecting and filing early. Most employers send out the previous year’s income-related information on January 1st. Other relevant tax information comes in, often gradually, and over those few first months, people collect, calculate, and enter their taxes.
 
Divorce often raises other questions about tax time. Couples in the midst of divorce wonder if they should file as individuals or jointly, how to itemize, what to deduct, and more. Things can become quite complicated. It is perfectly acceptable to ask advice from an attorney on these matters and get some clarity. If you are divorcing in the early part of the year, here are some things to understand and/or ask for more information.

Joint Filing

Whether or not you can file jointly depends on a few factors. The IRS dictates that you may only file jointly if you were still legally married at the very end of the year, even if you were in the midst of separation. The ability to work with your spouse may be another issue. Filing jointly often means collaborating to minimize tax-related expenses. If your divorce is particularly difficult, you may need some help.

Filing Separately

If you cannot file jointly, then you may have other options:

File as Head of Household: You may be eligible for this option if you were not legally married on the final day of the year, you paid for more than half of the costs for the home and its maintenance, and another person—a spouse or children—lived with you for more than half of the entire year. The benefit of filing this way is claiming dependents.

File as Single: If you cannot file jointly or as the head of a household, you may, of course, file as single. This has its own benefits; there are still deductions to be made, such as mortgage and other potential dependents.

It is also important to consider how much you will owe in taxes if you file differently from what is on your W-4.

Common Deductions

Mortgage and children are two of the most common deductions adults may claim. If you’re not sure what will, or should affect your taxes, consult your attorney. He or she will be able to tell you who can claim this. If both you and your spouse contributed to the mortgage during the year, then it may be a more complex situation.

Children may be claimed as dependents. This can be a sensitive issue, of course. Usually, the spouse who makes more and contributes more to the children’s upbringing may make the claim. An attorney can help with this, as well. An experience collaborative divorce attorney would be particularly helpful if you and your spouse can make a collaborative divorce work.

If you plan to divorce, or are in the midst of divorce, and need help with these things, call us. Our attorneys at Miller Law know Florida divorce law and can help you sort through some tax-related issues in your divorce, too.

Divorce in Florida

Like any state, Florida has its own regulations for divorce proceedings, and those procedures can be complex and time consuming. This is why it’s always best to hire an attorney who knows the state’s laws. However, it also helps to know a bit about the state for yourself, as well.

Florida is a no-fault state; this means that no person involved in the divorce is at fault. Only one person must declare that the marriage is broken for there to be grounds for dissolution. One common way to state this is “irreconcilable differences.” Whether you file for a Regular or Simplified Dissolution of Marriage, getting the help of an attorney is always advised. There are forms to fill out first and a lawyer can help sort through them, explain them, and aid in completing them if necessary.

Simplified Dissolution of Marriage

A Simplified Dissolution of Marriage may only require a little help from an attorney. Because of the simplified nature of this type of divorce, not all couples qualify. A couple must meet certain criteria to file for this type of divorce:

• Both spouses must agree that the marriage is over and the differences irreconcilable.
• They must both agree on the type of divorce.
• They must have no dependent children, including any upcoming births.
• One or both must have resided in Florida for a minimum of six months.
• They must agree on all asset and property divisions.

If the couple qualifies, the steps are like many divorces; documents must be filed, a court date must be scheduled, and a judge must authorize the divorce.

Regular Dissolution of Marriage

For a Regular Dissolution of Marriage, one spouse must file for divorce. The proper petition must be filed, meaning that there are specific petitions that cover a Dissolution of Marriage with property, no children, minor children, etc. This spouse must claim that the marriage is broken and declare a desire for divorce, and state any other needs. The other person in the marriage must respond to all parts of the filing and raise any additional issues in 20 days or less. There are also multiple forms for response to the initial divorce filing and the correct one must be used.

Because there are so many steps and specific forms, it is best to hire an attorney. From Social Security forms, to financials, and beyond, things can become complicated. If there are children involved, or the spouses are not in agreement on everything, then it may be more so. A lawyer can clarify the process and help make certain that a spouse does not forget to request something, or miss out on something important.

At Miller Law, we know Florida divorce law. We understand Uncontested, Contested, Simplified, and Regular divorce, and all of the complexities that can accompany any divorce. If you’re ready to file, or you and your spouse are ready to file together, call us and let us help.