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Divorce and Taxes: What You Need to Consider


Divorce is an emotionally challenging and complex process, and when you add tax considerations into the mix, it can become even more daunting. In North Carolina, as in many other states, divorcing couples must navigate a range of tax-related issues during and after the dissolution of their marriage. Understanding these tax implications is crucial for making informed decisions and minimizing financial stress.

Filing Status

One of the first tax-related decisions you'll need to make during a divorce is your filing status. Your filing status can significantly impact your tax liability. In North Carolina, as in most states, you have two primary options:

  1. Married Filing Jointly: If you are still legally married as of the last day of the tax year (December 31), you have the option to file jointly with your spouse. This filing status often offers tax benefits, such as lower tax rates and higher deductions.
  2. Married Filing Separately: If you and your spouse are separated but not yet divorced, you can choose to file your tax returns separately. This option may be necessary if you have concerns about your spouse's financial activities or if you believe that a joint return might not accurately represent your tax situation.

Once your divorce is finalized, you will no longer have the option to file jointly. Instead, you'll have to choose between “Single” or “Head of Household” (if you have dependent children). The choice of filing status can have a significant impact on your tax liability, so it's essential to carefully consider your options and consult with a tax professional if needed.

Alimony and Child Support

Alimony and child support are two critical financial aspects of many divorces. In North Carolina, these two types of support have different tax implications for both the payer and the recipient.


  • For divorces finalized before January 1, 2019: Alimony payments are deductible by the payer and considered taxable income for the recipient.
  • For divorces finalized after January 1, 2019: Alimony payments are no longer deductible for the payer, and recipients do not have to include them as taxable income.

It's important to note that if your divorce agreement includes a provision for the payment of both child support and alimony, it's crucial to specify the amounts allocated to each category clearly. Failing to do so could lead to unfavorable tax consequences.

Child Support:

  • Child support payments are not deductible for the payer, and they are not considered taxable income for the recipient. This rule applies regardless of the divorce date.

Understanding the tax treatment of alimony and child support is essential when negotiating your divorce settlement and planning your future finances. It's also crucial to keep accurate records of payments made or received, as this information will be necessary for tax reporting purposes.

Property Division

The division of property and assets is another significant aspect of divorce that can have tax implications. In North Carolina, as in most states, property transfers between spouses as part of a divorce are generally tax-free. However, there are several important considerations:

  • Capital Gains Tax: When one spouse receives property with a significant capital gain potential (e.g., stocks, real estate), they may face capital gains tax consequences when they eventually sell or dispose of that property. This is important to consider when dividing assets, as it could impact the overall value of the assets you receive.
  • Retirement Accounts: The division of retirement accounts, such as 401(k)s or IRAs, should be done through a Qualified Domestic Relations Order (QDRO) to ensure tax-free transfers. Failure to follow the proper procedures could result in early withdrawal penalties and income tax liabilities.
  • Home Sale: If you decide to sell your family home as part of the divorce settlement, you may be able to exclude up to $250,000 of capital gains (or $500,000 if married filing jointly) if you meet certain ownership and residency requirements.
  • Tax Basis: It's essential to understand the tax basis of any assets you receive in the divorce, as it can impact your future tax liability. For example, if you receive a piece of real estate with a low tax basis, you may face higher capital gains taxes when selling it.

Child Custody and Dependents

Child custody arrangements can also have tax implications. In North Carolina, the parent with whom the child primarily resides is typically eligible to claim the child as a dependent on their tax return. However, parents can agree to alternate the dependency exemption in their divorce settlement. This can be important for parents who share custody and want to ensure a fair distribution of tax benefits.

Additionally, there are tax credits and deductions related to child care expenses, education expenses, and the Child Tax Credit that divorced parents should consider when making custody arrangements. These credits and deductions can provide valuable tax relief, so it's essential to understand how they apply to your situation and include any necessary provisions in your divorce agreement.

Tax Planning and Professional Guidance

Navigating the tax implications of divorce in North Carolina can be challenging, and making mistakes can lead to significant financial consequences. To ensure you make informed decisions and optimize your tax situation during and after divorce, consider the following:

  • Consult a Tax Professional: It's advisable to work with a qualified tax professional who specializes in divorce-related tax issues. They can provide personalized guidance based on your unique circumstances and help you make the best decisions regarding filing status, property division, and support payments.
  • Keep Accurate Records: Maintain detailed records of all financial transactions related to your divorce, including alimony and child support payments, property transfers, and any tax-related agreements. These records will be essential for tax reporting purposes and potential audits.
  • Review and Update Your Estate Plan: Your divorce may necessitate changes to your estate plan, including updating beneficiaries, wills, trusts, and powers of attorney. Ensure your estate plan aligns with your post-divorce financial goals.
  • Stay Informed: Tax laws and regulations can change over time. Stay informed about any changes that may affect your tax situation, and be proactive in adjusting your financial strategies accordingly.

In conclusion, divorce and taxes can be a complicated and overwhelming process. It's important to work with a team of professionals, including a tax professional and a divorce attorney, to ensure that you understand the tax implications of your divorce and that you are making informed decisions. At Blood Law, PLLC, we have years of experience helping our clients navigate the complex issues surrounding divorce and taxes.

Contact us today to schedule a consultation and learn more about how we can help you.