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Deductibility of Legal Fees Related to a Divorce

by Meriwether & Tharp LLP

Although generally you cannot deduct legal fees you have incurred in obtaining a divorce, there are several exceptions that you should consider talking with your tax professional about in more detail. In particular, you may be able to deduct fees paid for tax advice (subject to the 2% of adjusted gross income limit) you received in connection with the divorce, such as from appraisers, accountants and attorneys if you itemize deductions on Schedule A (Form 1040).

Interestingly, because alimony is considered income, you may also be able to deduct fees incurred in helping to obtain an alimony award.

In addition, certain legal fees you pay specifically for obtaining property, such as the cost of preparing and filing a deed in your name, may enable you to increase the basis of the property you receive.

One thing is clear, if you plan to try and deduct fees related to tax advise obtained during a divorce or fees incurred in obtaining alimony, you must make sure that your charges are clearly broken down in such a manner that you can determine charges that are deductible and charges that are not deductible.

The law firm of Meriwether & Tharp was established in 1998 in Norcross, Georgia by partners Patrick L. Meriwether and Robert L. Tharp. In 2000, the offices were relocated from Norcross to Alpharetta, Georgia and the firm began expanding its professional staff and focusing its practice on family and business law matters, including divorce, contempt, and modification actions. At Meriwether & Tharp our experienced family law attorneys recognize that domestic troubles can be emotionally and financially taxing. Our lawyers provide personal, individualized legal services, covering the full spectrum of family law issues.

They can be contacted by phone at (678) 879-9000 or
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