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Easing tax stress while going through a divorce

Going through a divorce can be stressful enough, but now Uncle Sam is calling.

Most divorces can take a few months or even more than a year. So chances are good that a couple going through a divorce will need to file their taxes before the divorce is finalized.

Filing "married but separate" joint return can often save the couple money when it comes to taxes. According to one common mistake couples make while filing taxes and going through divorce is under reporting income.

Doing this could result in tax penalties and interest charges. Couples are jointly liable for any penalties incurred on a joint filing. Sending in a "married but separate" return also means the spouse that pays for deductible items gets to claim those items. For example, the spouse making the mortgage or tax payments gets to claim the deduction on their taxes.

If temporary maintenance was ordered before a divorce is final it should be counted as taxable income to the recipient and as a deductible to the payor. On the other hand, child support has no impact on filing taxes. It's not considered taxable income or tax deductible, according to

It's important to remember that couples are considered married if their divorce is not finalized by Dec. 31 of the tax year. Once a divorce is finalized then the couple is considered divorced for the entire year.

Each situation is different when it comes to divorce and taxes. Regardless of where your divorce stands, it's always best to talk with your attorney to find out what is best for your situation.

For more information on divorce, please feel free to contact The Law Office of Bradley R. Tengler in Rockford, IL at 815-981-4859 for a free consultation. Please note, the above does not constitute legal advice. Please discuss your specific rights with an attorney in your own jurisdiction.

Source:, Divorce and Taxes

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The Law Office of Bradley R. Tengler, Inc. 728 North Court Street, Suite B Rockford, IL 61103 Phone: 815-981-4859 Fax: 815-997-5129 Rockford Law Office Map