Taxes and Divorce Settlements in Arizona | Hildebrand Law, PC

Posted on : October 16, 2017, By: Chris Hildebrand

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.

U.S. News and World Report Votes Hildebrand Law, PC Best Law Firms for 2020 2021 2022 2023

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money in the retirement account will be subject to being taxed while the money in your bank accounts is not taxed when withdrawn.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.

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.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

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.

Click Here to Schedule Your Consultation!

Our Reviews

Sterling W.

20:05 07 Dec 22

The entire team at Hildebrand Law was excellent in every aspect of my custody... case. Kent Millward and Karla Spaulding-Huft were fantastic. Everyone was extremely helpful and professional throughout the entire process. Their preparation and dedication to my case helped ensure a winning ruling. I have and will continue to refer anyone going through a challenging situation to speak with Chris and his team.read more

Harvey T.

18:22 26 Oct 22

Michael Clancy worked with us on 2 cases. He was thorough and always listened... to our concerns and needs. Very professional while still being personable. He and his staff made us feel as though our cases were important and gave us realistic expectations of the outcomes.read more

akillas28

04:43 12 Oct 22

When it comes to civil/family law matters that needs to be resolved in the... court , I highly recommend Hildebrand Law Firm. In my case an international abduction of a minor was involved - a very sensitive and risky topic. They handle everything very professionally, and we won the case due to their experience and expertise in State Law / Federal Law & international Law (Hague Convention). They are great, in every aspect and I highly suggest Hilderbrand Law Firm for a matter as such.K.I.read more

Stacia E.

16:20 29 Sep 22

Michael represented me. I was very pleased. He was very attentive, supportive... and understanding to my unique circumstance. He is extremely knowledgeable and detailed and I was very impressed with his ability to retain even the smallest details.read more

Ericp0503

01:32 14 Jun 22

My attorney (Kent) reluctantly decided to take my case, as I had already... started down the process of "collaborative divorce", prior to meeting with Hildebrand Law. I felt throughout my entire collaborative process, that I was being taken advantage of, and my rights were being infringed upon.Turns out, I was right! Thankfully, the experts at Hildebrand, specifically Kent Milward and his para legal, Karla, took the time to hear me out and decided to takeme on as a client!I will be forever indebted to The experts at Hildebrand law for protecting my children's and my rights.I cannot say enough thank yous!read more

David F.

03:45 24 May 22

I've worked with both Chris himself as well as other lawyers at his firm such... as Chris Noel. I found them trustworthy, compassionate, great advisors, and very serious and strong advocates for my rights. I would recommend them to any friend without reservation. I hope you never need their services but they are good people to have in your corner.read more

Jonathan Molina (.

17:26 15 Apr 22

A firm of unquestionable ethics. Commands respect within the literati of the... dismal sciences, we call them lawyers.Have your wallets ready, as you get what you pay for - and you are getting the best at Hildebrand Law.One must temper their ambitions in the waters of their ethics - demonstrably, Michael Clancy afforded me treatment as that of his own kin. He ought make partner, if it is not already readily apparent.read more

David B.

16:13 27 May 21

Very kind and informative with zero pressure.

Margaret B.

02:52 09 Apr 21

Their level of knowledge and expertise inspired confidence from the initial... consultation, where they clearly outlined the possibilities along with the potential costs of each.Both Carlos Noel, our attorney and his para-legal, Lindsey Duran, were available to answer questions and guide us through the process. Their attention and care greatly increased our comfort level, as everything had to be done virtually, due to COVID-19.Communications with the other side were strategic and effective, undoubtedly saving both time and money.We were very pleased with the final outcome and would not hesitate to use the firm again or recommend them to others. They know their stuff and get it done!Z. Beck & M. Beck-Harbortread more

Annie G.

16:50 18 Sep 20

Chris Hildebrand was an excellent consult regarding an estate matter for my... Montana client who owns property in Arizona. Chris was knowledgeable and responsive to my inquiry. My office has an wonderful resource in Arizona!read more

cindie H.

06:14 21 Aug 20

Kip Micuda is an amazing attorney who always made me feel protected. I highly... recommend Kip. He is extremely knowledgeable and professional. Could not be happier.read more

Stephen F.

17:26 16 Apr 20

Chris is an excellent attorney and widely recognized as a leading expert in his... field. I highly recommend him and his firm if you or a loved one is going through a divorce.read more

Miss Tiny S.

01:24 10 Apr 20

Michael Clancey is experienced and just the right of everything. I found... Michael on the fly. Needing a lawyer in less than a week.Michael was organized and intuitive, efficient and worth every penny. Highly recommend!!!❗❗❗❗read more

Joel M.

18:51 10 Mar 20

Carlos is patient, extremely personable and knows how to explain complex legal... issues to a layperson.read more

Clay C.

19:09 06 Jan 20

Arizona child support matter

Jim T.

19:06 06 Jan 20

Was great source of information in regard to Arizona family law. Promptly... responded to messages with accurate information. Highly recommend.read more

Michael G.

19:25 22 Nov 19

Chris Hildebrand is an experienced and knowledgeable attorney who does well... both in and out of the courtroom. My experience with Chris is that he's a strong advocate for his clients and a knowledgeable attorney. I never hesitate to recommend him for any legal matter.read more

Kent H.

16:47 10 Oct 19

Great to Work with!

Michelle H.

20:54 24 Jul 19

I hired Michael Clancy just when I was about to give up on an existing... post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!read more

Shari A.

21:15 12 Apr 19

HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with... Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!read more

Brandi S.

13:11 05 Apr 19

Compassionate and patient and helped so much. The best attorney I've ever... dealt with. Nothing but good things to say about Chris. So grateful.read more

Rick C.

23:23 22 Jan 19

Chris Hildebrand is one of the sharpest and effective attorneys that I have... encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!read more

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02:57 18 Jan 19

This is not only a great law firm that cares about their clients but also the... results they get for their clients. Great people and attorneys, I highly recommend this firm!read more

Richard S.

23:51 18 Oct 18

I first should comment on how I found this law firm. I am an attorney myself,... though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did.There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business.The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing.Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers.Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund.The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently.Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land.This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card.As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.read more

Robin B.

04:13 26 Sep 18

Great advice, fair prices and provide easy to understand documents concerning... prices and charges.read more

D M.

15:48 10 Aug 18

I absolutely love working with Michael Clancey! The firm is professional and... gets the job done. The staff is fabulous and very responsive.read more

Jon C.

16:52 03 Aug 18

Choosing the right law firm and personal attorney was one of the most important... decisions I made during one of the most challenging times in my life. Prior to meeting with Mr. Micuda at Hildebrand Law, I had never required legal services. I was naive about the process and I was incredibly stressed about the potential risks and challenges I was facing.From the very start, Hildebrand Law and Mr. Micuda helped me to understand the process and to feel as comfortable as possible; they were attentive to the emotional and legal aspects of my situation. Mr. Micuda effectively communicated with me all along the way, making sure that decisions were made together and that I was comfortable with the legal approach we took. At every twist and turn, I was given more information and more options. There were times when I wanted to be very involved and there were times that I needed Hildebrand Law to handle things for me. They were able to accommodate both situations effectively.Mr. Micuda was professional and very skilled. He communicated clearly and effectively. Throughout the process, it was evident that, compared to the other side, my attorney was more professional, better prepared, and more qualified to get the job done right. The process was expensive, but I didn't feel that I was being unfairly billed - I received what I paid for: great service and a competent legal strategy that helped me realize my goals. I would definitely look to Hildebrand Law again if I needed legal counsel and/or representation.read more

Jim C.

22:53 26 Jul 18

I interviewed several firms and selected Hildebrand Law for my difficult... military divorce as a direct result of their whole family concern and integrity. During the interview process the professionals at Hildebrand Law were as concerned for the well being of my children as I was and ensured that they presented several options along the way to ensure that we protected my children's needs as well as my financial situation. At each decision point they laid out a clear path, how it impacted the children, the financial situation. They even reminded me that my ultimate stated goal was the best interest of my children each time the other party got particularly challenging and my frustration was getting the better of me. The owner handled my case personally and was exceptionally well versed in the unique aspects of a divorce involving the military and associated benefits. Won't need them again (fingers crossed!!! :) ) but would totally recommend them to anyone!read more

sandi R.

17:19 28 Jun 18

We had a fairly complicated case in Family Court and Juvenile Court. Kip was an... excellent attorney. He covered every base there was to cover and left no stone unturned. I would highly recommend him to anyone going through custody proceedings. Hildebrand Law is an excellent law firm and I am confident that Kip or any of their other attorneys would do an excellent job! Thanks Kip and Hildebrand Law!read more

Bassam Z.

21:20 02 Apr 18

I retained Hildebrand Law after interview a number of firms in the valley.... Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.read more

Larry F.

21:53 27 Feb 18

I have worked with Hildebrand law for about 8 years. They are always ready to... serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.read more

Hannah S.

23:16 28 Nov 16

A Google U.

17:44 23 Jun 16

I feel that Tracey Van Wickler is certainly one of the best family lawyers... around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.read more

greg r

01:32 04 Jul 15

I retained Kip Micuda for representation during my divorce and would... wholeheartedly recommend him to anyone that's going through the stress and daunting reality that ensues. He was able to explain the process and put my mind at ease, that is as best as possible, so that I could focus more on my day-to-day tasks of fatherhood and financial provider. Kip is not another pompous lawyer but more of a seasoned advocate that can navigate you out of the mess we refer to as marriage. You were right Kip. It does get better!read more

Lisa R.

17:59 02 Jul 15

I retained Chris as my lawyer back in 2006 to settle my divorce. I felt like I... was well represented and that my case was more than just a job. Divorce/child custody is a very unpleasant time in one's life and to have someone like Chris Hildebrand guide you through the process is a huge relief!read more

Jim C.

00:19 24 Apr 15

Kate K.

16:03 18 Apr 15

Laura O.

00:34 23 Jan 15

Lindsay B.

06:53 27 Sep 14

I cannot express enough how thankful I am that I found Hildrebrand Law. Chris... Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.read more

Tanya K.

00:36 19 Mar 14

Terri H.

17:00 01 Nov 13

When I originally took care of my divorce I did it on my own. Well, that... wasn't the best choice; as I found myself years later needing to correct agreements I made to protect my son's best interest. After a year of attempting to battle my circumstances from another state, I found Hildebrand Law and Kip Micuda. From the start Kip saw the importance and urgency to help me. My case was not in the jurisdiction of the law firm but Kip met with his partner Chris Hildebrand and they agreed to take my case. From there, Kip and the firm worked diligently and tenaciously on my behalf despite the multiple obstacles that continued to arise. Not only did they push through those obstacles, Kip was also there for me during emotional distress, reassuring me that we would get through it. In the end, we conquered those obstacles and set up a better situation for my son; of which I am deeply grateful. It doesn't end there. My case weighed very heavy on my finances and through my entire case the Firm was very generous with their time, costs and continually worked with me. I couldn't be happier with the results and the care and generiosity I was shown. Thank you Hildebrand Law! You are the best!read more

Bianca Zumbo C.

01:28 09 Oct 13

Tracy Steele V.

21:23 04 Aug 13

Holly F.

16:02 28 Jul 13

Greg Robert D.

12:55 18 Jul 13