What You Need to Know About Filing Taxes During and After a Divorce


A marriage is a contractual agreement that has financial implications. When a marriage ends, it impacts the finances of both parties– this includes taxes. There are some changes that you should be familiar with when you divorce. The options available to you during your divorce are different from those after your divorce, and it is necessary to make the distinction.

Your Tax Filing Status Might Change

One of the most critical steps in filing your taxes is choosing a status. Your tax filing status informs potential deductions and costs. You must accurately select a tax filing status that also benefits you.

Individuals undergoing the divorce process who are not legally divorced before the end of the year have the choice of filing a joint return or married filing separately. If you are not legally separated on Dec. 31, you must file jointly or married filing separately.

Each filing status has different deduction thresholds and requirements for filing. In 2022, the standard deduction for married couples filing jointly is $25,900. For single taxpayers and married individuals filing separately, the tax deduction is $12,950. The standard deduction is $19,400 for heads of households.

If you want the tax benefits of filing as Head of Household, you must meet the following requirements:

  • File a separate tax return from your ex-spouse
  • You pay more than half the cost of maintaining your house for the tax year
  • Live more than half the year with a dependent child

One Parent Can Claim Children

After a divorce, only one parent can claim children as dependents. The person who can claim a child as a dependent is the custodial parent. The custodial parent is often listed in the divorce agreement and is the parent who has the child more during the year.

Alimony and Child Support Taxes

Child support is neither tax-deductible nor considered part of the income. Alimony you pay for divorces finalized after Dec. 31, 2018, cannot be deducted from taxes. If you receive alimony you do not need to include payments in your taxable income.

Deducting Legal Fees

Generally speaking, litigation, counseling, and other services obtained during a divorce are not tax-deductible. Questions about filing taxes in Nevada before and after divorce are complicated. Contact our team at Naimi Mullins Law Group for a confidential consultation.

The post What You Need to Know About Filing Taxes During and After a Divorce appeared first on Naimi Mullins Law Group.

Share To:
Naimi Mullins Law Group

Contact Us Today

Get Experience On Your Side

Our dedicated team of advocates are ready to help your family. Call us today at (725) 444-7185 to get started, or fill out the form below.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
Client Testimonials

In their Own Words

See the Difference Naimi Mullins Makes

Read some of our five-star client reviews below to discover how we can help you.

    "Worth Every Penny"
    Everyone on the team is exceedingly professional but also easy to talk to and to understand. Their in-person advocacy and negotiations were thoughtful and realistic.
    - Julianne M.
    "She Saved My Sanity"

    She stuck with me even though my case was difficult and she never gave up on me or my kids! I absolutely LOVE Carrie. She saved my sanity and ultimately saved my kids!

    - Amanda R.
    "You Want Her in Your Corner"
    Carrie Primas is hands down the best family law attorney in Las Vegas! She fought tirelessly to get me the most favorable agreement that will keep my contact and relationship with my kids intact and protected.
    - Eddie G.
    "Couldn't Ask For A Better Attorney"
    Neil is honest and he always kept me in the loop as to what was going on, and was great about making sure I understood the legal process.  I really felt as if Neil took my case personally, and he went ABOVE AND BEYOND.
    - Former Client
    "Personable and Smart"
    She was exactly the person that I need to get through a difficult time in my life. She walked me through the entire process while explaining to me various outcomes for me.
    - Matthew S.
    "I Adore My Lawyer"
    Dealing with lawyers during a stressful time can be scary, but Carrie was there to hold my hand and let me know what I needed to do to get through the divorce.
    - Tiffanie Q.
    "Outstanding Experience"

    The team was professional, knowledgeable, and compassionate. I felt confident and supported throughout the entire process.

    - Jeff H.
    "No Surprises!"
    Jason Naimi and his staff are the best! They really know their stuff and are so quick to respond to any questions. I always felt so confident and informed in court.
    - Joslyn J.