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How the New Tax Laws Affect Alimony and Divorce Negotiations
The new tax code as it pertains to alimony takes affect January 1, 2019. The new law applies to any divorce instruments finalized after 2018. The divorce instruments include:
Tax ramifications of alimony payments have long been used as a negotiating tool when trying to finalize equitable distribution during a divorce. The elimination of the tax deduction from the payer will greatly affect how divorces are negotiated in the future and also raise many questions on how to apply the new tax code.
After January 1, 2019, some of the changes will be as follows:
Another issue is whether a modification of a support or alimony order (if permissible) after January 1, 2019 will alter the support award that was in place prior to January 1, 2019. The law is not clear on the effect of a modification at this time.
The payee spouse would much rather try to finalize the divorce in 2018 to keep the tax deduction whereas the recipient spouse would rather wait to come to any final agreement or order after January 1, 2019. As of now, this portion of the tax law is to expire in 2026, which is also another consideration if alimony is to be paid in excess of eight years.
Attorneys and clients alike need to re evaluate their financial positions, financial needs in the future, and equitable distribution strategies to take into account these new changes to the tax laws prior to and after January 1, 2019 to ensure they are in the best position possible to move on with their lives post divorce.
If spouses cannot fairly divide the marital property, the court will divide it as fairly as possible. Marital fault is not a consideration in property division. In Pennsylvania, property acquired during the marriage is jointly owned regardless of title. The court considers the duration of the marriage, individual assets and potential for bringing in money, how much each contributed to the marital property, including homemaking, and who will have physical custody of the children.
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