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The Tax Consequences of Divorce w/Jason Wiggam

Divorce can affect far more than parenting schedules, property division, and emotional well-being. It can also create significant tax consequences that many people do not fully understand until after decisions have already been made. In this episode of the Amicable Divorce Network Podcast, Tracy Moore-Grant speaks with tax expert Jason Wiggam about the tax issues that can arise during divorce and why professional guidance is so important.

Why Taxes Matter in Divorce

Tax decisions during divorce can have long-term financial effects. A settlement that appears fair on paper may look very different once tax consequences are considered. Filing status, property transfers, support payments, retirement accounts, and capital gains can all affect a person’s financial outcome after divorce.

Jason emphasizes the importance of understanding these issues before finalizing an agreement. Divorce decisions should not be made based only on current value or short-term needs. They should also account for how each choice may affect taxes in the future.

Filing Status After Divorce

One of the key tax issues in divorce is filing status. Whether someone files as married, single, or head of household can affect tax rates, deductions, credits, and overall liability. The timing of the divorce may also matter because tax filing status is generally connected to marital status at the end of the tax year.

This is an area where professional advice can be especially helpful. People going through divorce should understand how timing, dependents, and household arrangements may affect their tax situation before making assumptions.

Alimony, Child Support, and Tax Treatment

Support payments can also create confusion. Alimony and child support may be treated differently for tax purposes, and the rules can depend on the timing and structure of the agreement. People may assume that all support payments are handled the same way, but that misunderstanding can lead to unexpected tax consequences.

A clear divorce agreement should explain support obligations carefully, but the financial impact should also be reviewed with the appropriate tax professional. Understanding how payments affect each person can help both parties make more informed decisions.

Property Transfers and Capital Gains

Dividing property during divorce may seem straightforward, but taxes can complicate the outcome. Property transfers, real estate, investment accounts, and other assets may carry future tax consequences. Capital gains can become especially important when assets have increased in value over time.

For example, two assets may appear equal in current value but have very different tax implications later. One may be easier to access, while another may create a future tax burden when sold. This is why it is important to look beyond the surface number and understand the after-tax impact of the settlement.

The Importance of Professional Tax Advice

Divorce involves legal, financial, and emotional decisions, and tax issues often overlap with all three. A tax professional can help identify potential problems before agreements are finalized and help clients understand the consequences of different settlement options.

Jason’s message is clear: people going through divorce should not guess when it comes to taxes. Professional guidance can help avoid costly mistakes and create a clearer picture of each person’s financial future.

Jason Wiggam is an experienced tax attorney and founder of Wiggam Law in Atlanta, Georgia. He helps clients resolve tax issues with the IRS and state agencies. To contact Jason, call 404-233-9800 or visit wiggamlaw.com.

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Chapter 6. Fault: Do You Bring It Up?

When approaching divorce, usually one spouse believes – and may even have significant evidence – that the other spouse is “at fault” for the end of the marriage. The aggrieved spouse often wants the other to “pay” for their behavior – either financially or through the custodial schedule. That means they will want to pursue fault grounds. 

When deciding the direction of your divorce, it is important for you to understand the difference between fault and no-fault divorce.

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