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Taxes and Divorce Settlements in Arizona | Hildebrand Law, PC

Posted on : October 16, 2017, By:  Chris Hildebrand
Taxes and Divorce Settlements in Arizona.

Taxes and Divorce Settlements in Arizona

In a divorce in Arizona, you need to consider the tax implications of certain assets when entering into a divorce settlement.

Failure to consider tax consequences when dividing community property in Arizona can result in an unfair and inequitable divorce settlement.

Consider Capital Gains Taxes on the Sale of a House in an Arizona Divorce

Arizona Revised Statute Section 25-318(B) allows a judge to consider the taxes that will become due upon the sale of an asset, such as capital gains taxes on a home.

However, an Arizona judge may only consider those capital gains taxes if a sale of the home is imminent.

So, if you are awarded the house and you do not plan on selling the home anytime soon, you may be solely stuck with paying those capital gains when the house is eventually sold.

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Consider Income Tax Due on Withdrawals from Retirements Account in an Arizona Divorce

There are also income tax issues related to monies held in some retirement accounts.

This means you should not treat $10,000.00 in a bank account the same of $10,000.00 in a retirement account because the money in the retirement account will be subject to being taxed while the money in your bank accounts is not taxed when withdrawn.

Other State Court’s Consider Tax Consequences When Dividing Property in a Divorce

The Montana Supreme Court ruled on the issue of taking taxes into consideration during a divorce in the case of In re Marriage of Broesder.

Taxes and Divorce Settlements in Arizona.

Although the case cannot be cited as precedent in Arizona, it provides an overview of the subject.

The American Bar Association had the following to say about the Montana Supreme Court’s ruling in that matter as follows:

The standing master was required to consider the tax consequences of the division of marital estate, which would likely require the sale of the ranch, when dividing marital property in dissolution proceeding; the sale of ranch would trigger tax consequences, and the sale of the ranch was likely as the record failed to establish there were available assets in the marital estate for husband to pay wife for her share of the marital estate.

Taxes and Spousal Maintenance in Arizona

Another area deserving of attention when settling your divorce related to the payment of spousal maintenance. Spousal maintenance was tax deductible to the person paying spousal maintenance and was taxable income to the person receiving spousal maintenance for orders entered before the end of 2018.

Changes in federal law removed the tax effect on spousal maintenance starting in 2019. Awards for spousal maintenance entered after January 1, 2019, are no longer subject to taxation or as an income tax deduction.

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Taxes and Child Support in Arizona

Child support has never been taxable in Arizona. The new law applying to the tax effect of an alimony award, likewise, has no effect on the fact that child support is neither tax deductible by the person paying child support or taxable income to the parent receiving the child support.

The Cost of Health Insurance for a Child May be Tax Deductible

The only exception to this rule pertains to the parents’ ability to deduct the cost of paying health insurance for the children or paying for the children’s uninsured medical expenses.

If you have questions about taxes and settlements in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona community property or family law case around today.

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