Recently Divorced: Comprehensive Tax Planning Guide
Divorce rewires nearly every aspect of your tax return, from filing status to property basis to alimony rules. Learn what a divorce-experienced CPA helps you navigate and why complexity matters.
The big planning areas:
- Filing status shift. Your marital status on December 31 determines your filing status for the entire year. The year your divorce finalizes, you switch from married to single (or head of household if you qualify), which changes your brackets, standard deduction, and phase-out thresholds.
- Property division. Transfers between spouses under a divorce decree are generally tax-free at the time of transfer, but you inherit your ex-spouse's cost basis. That means the tax bill is deferred, not eliminated -- it hits when you sell.
- Alimony rules. For divorce agreements executed after December 31, 2018, alimony is neither deductible by the payer nor taxable to the recipient. Older agreements follow the opposite rule unless modified.
- Retirement account splits. A Qualified Domestic Relations Order (QDRO) lets you divide employer retirement plans without triggering early withdrawal penalties, but the mechanics are specific and mistakes are expensive.
What a divorce-experienced CPA does: They coordinate basis tracking, filing status optimization, and multi-year alimony planning. A generalist files correctly but won't flag the hidden cost basis trap in transferred assets.
The tradeoff: Divorce tax issues often overlap with other situations -- business ownership, real estate, or children's dependency exemptions. If your situation is layered, you need a CPA comfortable with that complexity, not just the divorce piece.
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This guide cites 4 primary sources. All factual claims are traceable to the sources listed below.
- IRSIRS Publication 504: Divorced or Separated Individuals — Filing status determined by marital status on December 31, property transfers under divorce decree, alimony rules
- Tax Code26 USC 1041: Transfers of property between spouses or incident to divorce — No gain or loss recognized on transfers incident to divorce; transferee takes transferor's basis
- Tax Code26 USC 71: Alimony and separate maintenance payments (pre-TCJA) — Alimony inclusion in income for pre-2019 agreements; TCJA repeal for post-2018 agreements
- IRSIRS: Retirement Topics - QDRO (Qualified Domestic Relations Order) — QDRO division of employer retirement plans without early withdrawal penalties