WOTV 4 women’s legal expert Gail Saukas shares the legal rules for filing your taxes as a single person after finalizing your divorce.
If you’ve were divorced in 2013 and have a settlement agreement and final divorce decree, you can file your taxes as a single person and may even qualify as head of household if you paid more than ½ the upkeep of the home, it was the main home for you and your children for ½ the year and your husband hasn’t lived in the home for 6 months. You may also file jointly with your ex, but be aware if he doesn’t pay his tax obligations to Uncle Sam, you can be held responsible.
Spousal support is taxed for the person receiving it, but is a deduction to the person paying it. Child support, on the other hand, is not taxable or deductible to either party.
If you own a home with a mortgage, the person whose name is on the title usually claims the mortgage interest as a deduction, but check with your attorney and/or accountant to be sure.
Who gets to claim the kids as dependents? That may be determined by your settlement agreement so check with your attorney. Often, the custodial parent claims the child as a dependent.
Tax laws change rapidly so always check with your attorney and/or accountant before filing your taxes if you have recently gone through a major life event such as a divorce or death of a spouse.
WOTV 4 women’s legal expert Gail Saukas
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