The Tax Cuts and Jobs Act of 2017 (TCJA) has eliminated the deductibility of alimony after December 31, 2018. It is expected that the loss of the payer’s tax benefit may have the effect of reducing alimony payment to the payee. This article proposes some options and drawbacks to consider relating to the TCJA, prenuptial agreements and […]
Counting the Miles (And Other Hidden Assets in Divorce)
The divorce process requires taking stock of your finances. You will be expected to provide a detailed accounting of your assets and debts, as well as your income and expenses. If you and your spouse use credit cards and earn rewards or airline miles on trips and purchases (including work-related transactions), these rewards and miles […]
Fall 2018 SICounsel Newsletter
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Want a Divorce? Then Do It Right Now or Pay Much Bigger Tax Bill
If you are in the process of finalizing your divorce, then you may very well pay less in taxes for many years to come if you can complete it by December 31, 2018. The high-earning spouse typically pays spousal support to the non-working or low-earning spouse for a number of years. Spousal support payments have […]
Retirement Assets Not Separated by QDRO Not Protected in Bankruptcy
Your retirement accounts, such as 401ks, are typically safe in bankruptcy and cannot be used to pay creditors. Traditional IRAs and Roth IRAs are protected up to a limit (currently more than $1 million). However, a U.S. Circuit Bankruptcy Court of Appeals recently ruled that when retirement assets are divided in a property settlement in […]