What are the tax implications of a collaborative divorce?
When getting a divorce in California, the financial implications can be daunting. One important factor to consider is the tax implications of a collaborative divorce. Under the law, a collaborative divorce is often treated the same as any other divorce or legal separation. This means that the division of assets, such as income, savings, real estate, and other property, must be determined. This also includes the division of tax liabilities, such as filing status, deductions, credits, and refunds. In a collaborative divorce, it is important to remember that all debts are still the responsibility of the parties, including tax obligations. Both spouses must report any earnings to the IRS and file taxes jointly or separately depending on the agreement. It is also important to note that any transfers of property, such as cash or real estate, between parties must be reported on their individual tax returns. Generally, alimony or spousal support payments are considered taxable income to the receiving spouse and deductible to the paying spouse. These payments must be reported to the IRS. Child support payments are not considered taxable income to either party and are also not deductible. However, the Internal Revenue Service (IRS) may require a custodial parent to provide a Social Security number for any child receiving support payments. Finally, it is important to consult with a qualified tax professional to ensure that tax issues are considered and any appropriate changes are made. This is especially true in a collaborative divorce since any changes can be made as part of the process, rather than after the divorce is final.
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