Divorced with No Alimony: Property Division Tax Planning

Recently Divorced · 1 min read

If your divorce settlement omits alimony payments in either direction, asset division rather than spousal support drives your tax picture. Learn how cost basis carries forward and affects your future tax bills.

Property division is the main event. Without alimony, most of the tax complexity sits in how assets were divided. Transfers between spouses under a divorce decree are tax-free at the time of transfer, but each asset carries the original owner's cost basis forward. If you received investment accounts, real estate, or business interests, the eventual tax bill when you sell depends on what your ex-spouse originally paid, not what the assets were worth when you received them.

Child support is never taxable. If your agreement includes child support instead of (or in addition to) alimony, those payments have no tax consequences for either party. The payer cannot deduct child support, and the recipient does not report it as income. This has always been the rule regardless of when the agreement was executed.

Dependency and credit allocation. Without alimony in the picture, the more impactful tax question may be which parent claims the children as dependents. This affects head of household status, the child tax credit, and education credits. The custodial parent generally claims the child unless they sign a release using IRS Form 8332.

The pitfall: People assume "no alimony" means the divorce has no ongoing tax effects. But untreated basis issues on transferred property can create surprise tax bills years later when you sell.

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Sources

This guide cites 3 primary sources. All factual claims are traceable to the sources listed below.

  1. Tax Code26 USC 1041: Transfers of property between spouses or incident to divorce — Tax-free transfers with carryover basis for property incident to divorce
  2. IRSIRS Publication 504: Divorced or Separated Individuals — Child support not deductible or includable; dependency exemption rules; Form 8332 release
  3. IRSIRS: About Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent — Custodial parent releases dependency claim via Form 8332