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How Could the New Tax Reform Bill Impact Alimony Deductions?

Defending the People of Arizona

With more than 100 Years of combined experience

How Could the New Tax Reform Bill Impact Alimony Deductions?

All Americans will be impacted by the new tax reform bill in one way or another. For those who are going through the divorce process, however, the bill could make its mark in the immediate future. We’ve been keeping our eye on the Tax Cuts and Job Act and the ways in which it has promised to play a role in spousal support awards in 2018 and into the future.

Arizona Spousal Support 101

Frequently referred to as “alimony,” spousal support is sometimes awarded to one spouse in a divorce by an Arizona judge. This typically happens when one spouse has been the primary “bread winner” for the family throughout the years while the other spouse has taken time away from work to raise the family or care for the home. Here, a judge will order the spouse with a higher income to make support payments to the other party for a limited period of time, thus encouraging him or her to become financially independent. In other instances, spousal support may be ordered for a longer period of time, such as in situations where one spouse is disabled or unable to work.

The amount of spousal support awarded by an Arizona judge will depend on a number of different factors. A judge will consider the income of both spouses, the education and work experience of the spouse who will be awarded spousal support, the length of the marriage, etc. Ultimately, the intent of spousal support is to ease the process of transitioning into a new post-divorce life. Schill Law Group has worked on a number of Arizona spousal support cases and has pushed for fair and reasonable judgments that allow for a smoother divorce or separation.

Tax Laws and Arizona Spousal Support

Traditionally, the spouse who has been ordered to pay spousal support has received some benefit for doing so. This benefit has come in the form of tax deductions. While the paying spouse is entitled to a tax deduction on annual income tax forms, the receiving spouse is required by law to claim it as income and pay taxes on it. Unfortunately, the IRS has reported that there have been many problems with this system. In fact, the IRS claims billions of dollars worth of discrepancies between the amount of money that payees are claiming as alimony deceptions versus the amount of money that recipients are claiming as income and paying taxes on.

The New Tax Reform Bill and Arizona Spousal Support

The new tax reform bill has made an effort to correct these disparities by completely axing the alimony deduction from income taxes beyond 2017. While the idea is to help the national economy and the IRS, many Arizonans – and people throughout the country – have concerns about what the implications may be for divorces in 2018 and beyond. Critics are worried that both payers and recipients of spousal support may be negatively impacted. Obviously, those ordered to pay spousal support will no longer be able to enjoy the tax break each year, thus causing them to lose more money to the government. On the flip side, critics say that recipients may receive less spousal support because the payers will be giving more of their money to Uncle Sam.

Because the tax reform bill will only impact those getting divorced after January 1, 2018, we will only start to see the true implications of the law on spousal support cases in the weeks and months ahead. Regardless of what happens, you can count on the fact that Schill Law Group has what it takes to fight for your best interests and for what’s fair. Give us a call for a free case consultation to get started today.

Legal Separation vs Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

Legal Separation vs Divorce

One of the most common questions couples have when starting the divorce process is whether they should establish a legal separation prior to getting a divorce. The usefulness of a legal separation is generally quite limited, except in specific situations, so the answer is typically “no.”

Legal Separation vs Divorce

On the surface, a legal separation looks very similar to a divorce. Property is divided up and marital property ceases to exist. Arrangements for custody and child support are also made in cases where minor children are involved. Even so, a legally separated couple is still legally married. Unlike a divorce, both parties must agree to a legal separation before it can be granted. If either spouse wants a divorce instead of a legal separation, the court will rule in favor of the case being converted to a divorce. Should the couple decide to permanently end the marriage by pursuing a divorce after establishing a legal separation, they will be required to go through the divorce process from start to finish, thus taking up more time and further expenses for both parties. Consequently, it is generally advised that you pursue a divorce in favor of a legal separation. The Schill Law Group can provide legal advice to help you make an informed decision.

Reasons for a Legal Separation

Here are a few situations when a legal separation may be the right course of action: To Meet Domicile Requirements In order to get divorced in Arizona, at least one of the spouses is required to have been domiciled in the state for a minimum of 90 days. Legal separations do not have this same requirement. If you are eager to obtain certain protections, it may be wise to file for a legal separation, and then have the case converted to divorce after the 90-day waiting period has ended. To Honor Religious Beliefs Some religious beliefs strongly oppose divorce. Devout followers may opt for a legal separation instead of a divorce in order to adhere to their beliefs. To Stay on a Spouse’s Medical Insurance In cases where ex-spouses are still on good terms, they may want to allow the other party to remain attached to their medical insurance. In order to do so, the spouses will need to remain legally married so a legal separation is ideal. Hope of Reconciliation Finally, some spouses may come to the conclusion that they need a long-term separation but hope to reconcile, which creates the need for property and custodial arrangements found in a legal separation.

Which is right for you: a legal separation or a divorce? The attorneys at Schill Law Group can help you make the best decision. Give us a call for a free case evaluation today.

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