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How to File Your Taxes After a Divorce

Getting a divorce and adjusting to all the changes in to your personal life is a hard thing to deal with. But unfortunately, you’ll also have to deal with the changes that are necessary to the way you file income tax returns. Once your divorce is final, you’re filing status will change and your ability to claim exemptions for your dependent children may be affected. Moreover, you may also need to figure out how to report new types of income you, such as alimony.

Post-Divorce Filing Status

If you’re legally married on December 31, your filing status can be married filing jointly or married filing separately. But once the divorce is final, you no longer have these options for that entire tax year. Your post-divorce filing status options are single and head of household. If you’re required to file an income tax return and aren’t married, you’re automatically eligible to use the single filing status. However, the head of household status may be available if you pay more than half the cost of maintaining a home and you have a dependent who lives with you there for more than half the tax year. The benefit of qualifying for the head of household status is a larger standard deduction and more favorable tax brackets than the single status.

Divorce & Dependent Exemptions

The tax implications of a divorce become more complicated when you have children with your former spouse. Only one of you can take a dependent exemption for each child, but the IRS generally allows the parent who has custody to claim it on their return. If you aren’t the custodial parent, you can still take the exemptions for your children if the divorce was finalized after 2008. This is done by attaching a Form 8832 (signed by your former spouse) which states that they will not be taking the dependent exemptions. If your divorce was final prior to 2009, you have the option of attaching the relevant parts of your divorce decree to your return instead of Form 8832.

Child Support & Alimony

If your divorce agreement provides you with an award of alimony, know that it’s fully taxable, which means you’ll need to begin reporting it as income on your 1040. If, however, you’re the former spouse who must pay the alimony, you can at least take a full deduction for each payment as an adjustment to income. To deduct alimony, the IRS requires that you include the recipient spouse’s Social Security number in the space to the right of where you report the deduction on your 1040. Payments you pay or receive for child support, however, will not affect your tax return since it’s neither deductible nor taxable to either spouse.

IRS Publication 504