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Tax Considerations to Be Aware of During Your Illinois Divorce

 Posted on January 25, 2023 in Divorce

Wheaton, IL divorce lawyerRegardless of whether you have recently started the divorce process or have completed the process before last year ended, you will need to think carefully as you prepare to file taxes. Notably, your filing options will depend mainly on factors such as the date of your divorce and terms of the divorce agreement. While getting a divorce is undoubtedly challenging, hiring a highly knowledgeable divorce attorney to help guide you through the process can make it as seamless as possible. 

What to Know About Married Filing Jointly

If you are still married at the end of the tax year, you may still choose to file jointly and receive the benefits, which may include a better standard deduction offered only to married couples. You may also choose to file as married filing separately. 

What to Know About Filing Single

If your divorce has been finalized as of December 31, you will be prohibited from filing married separately or jointly. If you do not have any children or dependents, you will be required to file single, although if you do have a qualifying child or dependent, you may be able to file as head of household. 

What About When Children Are Involved? 

Illinois law typically does not use the terms “custody” or “custodial parent” any longer. However, for certain purposes, a designated custodial parent is still used, including when claiming minor children as tax dependents. The parent with the majority of parenting time is typically considered the custodial parent, and unless otherwise stated, this parent is assumed to be the one who will claim the children as tax dependents. That being said, parents can negotiate any dependent claim arrangement they wish, and the court may also order different exemption arrangements. 

What About Spousal Maintenance and Child Support?

It is important to note that child support is not tax deductible for the spouse whose responsibility it is to pay it and it is not considered taxable income for the spouse who receives it. Spousal maintenance (alimony) is likewise not tax deductible or taxed as income for the paying and receiving spouse respectively, unless the spousal maintenance order was given before 2018. The bottom line is that, for divorces finalized in 2022 and 2023, neither child support nor spousal maintenance are either tax deductible or considered taxable income. 

Contact a DuPage County Divorce Attorney

As demonstrated in this blog, there are many tax considerations to consider when getting divorced in Illinois. To make the process as seamless as possible for you, contact the skillful Wheaton divorce lawyers at The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.



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