856-428-8334
8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054     $ Make a Payment
Adinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PA
  • Firm Overview
    • Why Our Firm
    • Firm News
    • Community Outreach
    • Frequently Asked Questions
    • Referrals
  • Attorneys
    • Robert J. Adinolfi
    • Thomas A. Roberto
    • Julie R. Burick
    • Ryan Foran
    • Jessica Carosiello
    • Winnie Chen
  • Practice Areas
    • Marriage Law
      • Same-Sex Marriage
      • Domestic Partnerships
      • Prenuptial Agreements
      • Palimony
      • Name Changes
    • Divorce & Separation
      • Equitable Distribution
      • Alimony | Spousal Support
      • Child Custody
      • Child Support
      • Remarriage, Alimony & Child Support in New Jersey
      • Family Law Appeals
    • Additional Areas
      • Domestic Violence & Restraining Orders
      • Child Protection and Permanency
      • Stepparent Adoption
      • Divorce Mediation & Alternative Dispute Resolution
  • Blog
  • Contact Us
NextPrevious

Taxes and Divorce

By Kevin Falkenstein | Blog | 0 comment | 31 March, 2017 | 0

As April 15th quickly approaches many are scrambling to get their taxes filed, do not forget these helpful tips regarding taxes and divorce.

  • Alimony deductions/taxes: Under IRC Section 71 Alimony is taxable to the recipient and tax deductible to paying spouse.  It is important if you are receiving alimony that you set aside the appropriate withholdings or you may be owing the IRS additional payments.  On the other hand, if you are paying alimony it is important to properly declare these deductions to limit your tax liability and/or increase your refund.
  • Sale of Former Marital Residence: Under the IRS code if you sell your “principal residence” you are eligible for a capital gain exclusion of up to $250,000 for a single taxpayer and $500,000 for a married couple.
  • Filing Status – Joint vs. Single: An individual’s tax filing status is determined as of the last date of the calendar year, December 31st.  Accordingly, if you are married any time during the year, you qualify to file as “married”.  If on the other hand you are divorced and/or legally separated you must filed either “single” or “married, filing separate”.  Generally, for tax purposes filing joint is beneficial.  However, one should take caution before filing jointly with a spouse as this may expose an individual to additional tax liability and/or possible criminal and civil penalties.  If you are unsure of how to file it is important to meet with both a qualified matrimonial attorney and an accountant before filing.
  • Child Dependency Deductions: Under the IRS code the custodial parent is entitled to claim the child(ren) as a dependency deduction.   Generally, the custodial parent is determined as the parent who has the child more than 50% of the time.  However, parties often agree and/or the Court orders that the parties’ share the deduction(s).  To effectuate this deduction the custodial must complete an IRS Form 8332.  If both parties attempt to claim the same child, the IRS will only recognize the custodial parent unless there is a specific Court Order to the contrary and/or an IRS Form 8332 is submitted with your tax returns.

The above are just a few of the numerous tax issues which arise with married, divorced and separated couples.  Many of these issues are complicated and fact specific.  That’s why it is important to meet with a qualified matrimonial attorney and an accountant prior to filing your taxes.  Contact Kevin Falkenstein, Esq. at 856.428.8334 or kfalkenstein@sjfamilylawyers.com for a consultation.

 

 

No tags.

Related Posts

  • Robert J. Adinolfi, Esq.

    Early Retirement and Alimony

    By Robert J. Adinolfi, Esq. | 0 comment

    Firefighters, police officers, correctional officers, surgeons and others in physically demanding careers often retire well before the traditional retirement age. If you pay alimony, that raises an important question: can you retire early, and whatRead more

  • High Net Worth Divorce New Jersey

    High-Net-Worth Divorce in New Jersey: Privacy, Preparation and Strategic Decision-Making

    By Thomas A. Roberto | 0 comment

    For a physician, chief executive, financial professional, public figure or business owner, divorce can create concerns that go well beyond the end of the marriage. How will sensitive financial information be handled? Will the disputeRead more

  • business valuation divorce new jersey

    What Happens to a Medical Practice or Closely Held Business in a New Jersey Divorce?

    By Thomas A. Roberto | 0 comment

    For a physician, entrepreneur, partner or closely held business owner, divorce can affect much more than personal finances. It can raise questions about the value of the practice, ownership rights, cash flow, professional goodwill, businessRead more

  • Executive Compensation Divorce New Jersey

    Divorce and Executive Compensation in New Jersey: Protecting Stock Options, Bonuses and Deferred Income

    By Thomas A. Roberto | 0 comment

    For corporate executives and other highly compensated professionals, income is rarely limited to a regular paycheck. Annual bonuses, restricted stock units, stock options, deferred compensation, carried interests, partnership distributions and long-term incentive plans may representRead more

  • Are you really going to take half of my jewelry?

    Are you really going to take half of my jewelry? – NJ Equitable Distribution

    By Julie R. Burick, Esq. | 0 comment

    When a marriage ends, one of the more surprising questions clients ask is about gifts: Can my spouse really claim half of the jewelry they gave me? In New Jersey, the answer is often yes,Read more

Leave a Comment

Cancel reply

You must be logged in to post a comment.

NextPrevious

Adinolfi, Roberto & Burick, P.A.

Located in Mount Laurel, New Jersey, Adinolfi, Roberto & Burick, P.A. is one of the largest family law firms focused on Divorce and Separation • Military Divorce • Same-Sex Marriage and Domestic Partnerships • Domestic Violence & Restraining Orders • Mediation & Alternative Dispute Resolution (ADR) • Palimony• Prenuptial Agreements • Matrimonial Appeals

Attorney Advertising

Adinolfi, Roberto & Burick, P.A. is responsible for the content of this website. The information presented on this site is for general information only and should not be construed as formal legal advice nor the formation of a lawyer/client relationship. No aspect of this website has been approved by the Supreme Court of New Jersey.

Contact Information

P: 856-428-8334
F: 856-428-8779
8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054
  • Make a Payment
  • FAQ
  • Privacy Policy
  • Terms of Use
© 2026 Adinolfi, Roberto & Burick, P.A. All rights reserved.
  • Firm Overview
    • Why Our Firm
    • Firm News
    • Community Outreach
    • Frequently Asked Questions
  • Attorneys
    • Robert J. Adinolfi
    • Thomas A. Roberto
    • Julie R. Burick
    • Ryan Foran
    • Jessica Carosiello
  • Practice Areas
    • Divorce & Separation
    • Marriage Law
    • Domestic Violence & Restraining Orders
    • Stepparent Adoption
    • Child Protection and Permanency Matters
    • Children with Special Needs or Autism
    • Divorce Mediation & Alternative Dispute Resolution
  • Blog
  • Contact Us
    • Referrals
Adinolfi, Roberto & Burick, PA