Tax Issues & Arizona Divorce: FAQs

Taxes Photo
Answers about tax issues related to AZ divorce

Divorce can be emotionally and financially taxing. In fact, when it comes to the financial impacts of divorce, understanding the various tax implications can be integral to protecting your interests and working towards favorable outcomes.

To clarify some of the tax issues that can arise in Arizona divorce cases, below, we have answered some of the most commonly asked questions about divorce and taxes in Arizona.

Q – If I’m Going Through a Divorce, Should my Ex and I File Joint tax Returns?

A – If you and your ex are still legally married (i.e., not officially divorced) as of December 31st of a given year, then, filing joint tax returns is still an option for you and your ex. If, however, the divorce is finalized on or before December 31st of a given year, then jointly filing your tax returns with your ex isnot an option.

Whether or not you should file jointly if you are eligible to is a consideration to work out with a lawyer, who can review your specific circumstances and advise you accordingly.

Q – Is Spousal Maintenance in Arizona Subject to Taxes?

A – Yes. While the party paying spousal maintenance in Arizona (i.e., the payer) can write off these payments as tax deductions, the recipient or beneficiary of these payments is generally required to report these payments as income, which is subject to taxes.

Q – What About Child Support?

A – Unlike spousal support payments, child support payments are generally not considered to be tax deductible or taxable income.

Q – Which Parent Gets to use the Child tax Exemption?

A – In general, the custodial parent (i.e., the parent who has primary custody over the child) will be the individual entitled to use the child tax exemption. It is important to note, however, that this exemption can:

  • Be divided between both parents
  • Be transferred or given to the noncustodial parent (in which case an IRS form 8832 usually has to be completed).
Q – What Other tax Issues Should I be Aware of When it Comes to Divorce in Arizona?

A – Possibly a lot, as it depends on your circumstances, as well as possibly the issues in your divorce. If you are concerned about the tax implications of your impending or ongoing divorce, contact an experienced divorce lawyer – like Attorney Karen A. Schoenau – who can provide you with clear answers and straightforward advice.

Contact Scottsdale Divorce Attorney Karen A. Schoenau

For exceptional representation in an Arizona divorce case, you can rely on Scottsdale Divorce Attorney Karen Schoenau . Since 1987, Karen Schoenau has been committed to helping people resolve their important family law matters, including complex cases related to divorce, custody, paternity and other issues.

To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling 480-209-1918or by emailing us using the drop-down contact form at the top of this page.

Client Reviews
Karen is highly respected in the legal community. She is effective and thorough. Karen just keeps going regardless of the odds.
★★★★★
Karen was extremely helpful setting up my petition for conciliation. She is by far the most knowledgeable attorney regarding the necessary paperwork, how to file the petition and where it has to be submitted. She listened intently when I was describing my situation and intentions. She was very responsive to my questions and request. She is trustworthy and diligent . I would recommend her to anyone having marital issues.
★★★★★
Very high customer/client considerate. We found Karen when we were forced to leave another Phoenix lawyer due to his bad advice and lack of interest to help us. We were in Phoenix for six days from Michigan with nothing happening but a high wasted expense. Karen and her firm took us in and solved our issue with the courts etc. in two and a half days. Karen’s professionalism with us was very cost effective/productive. If we would have found her first, we would have saved thousands of dollars. Her interest for us was very high. She returned every call. She knew every answer to our questions. She did this for us with a death in her family. She left for a funeral and made sure we were treated with the same professionalism from her firm to finish up. I recommend Karen and her firm with very high satisfaction. Our case is custody with one parent in prison. We will return to Phoenix someday with interests for the child and his parent, if needed. Karen will be our top choice.
★★★★★
Karen and Bonita are wonderful!! I know that the word "wonderful" is used a lot, but the team they make and the work they did for me can only be described as WONDERFUL!! Yes there where ups and downs in my case, but that is the system and Karen along with Bonita guided and taught me as "WE" went through it together. Karen’s easy going manner and her knowledge really helped me with the emotional part of my divorce. I used the team of Karen and Bonita both times I needed to go to court with my ex and had results that were best for my little girl. Some times I did not get what I wanted, but it was what my daughter needed. Looking back at my case, I made the right choice and would do it again in a heart beat!!
★★★★★
Karen was extremely supportive during a very trying time in our lives. She helped me to put things in perspective and think positive when I was overwhelmed. She is very knowledgeable about the laws pertaining to grandparents rights and the rights of the parents and knew how to provide the appropriate laws pertaining to the situation we were in. I am so grateful for her expertise and guidance. She proved to be very aggressive when she needed to be but was also supportive to my and my children. I would recommend her to anyone in a similar situation.
★★★★★