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Divorce & The New Alimony Statute

October 25, 2018 by Milstein Siegel

Here’s the real question: Do the new tax laws affecting alimony negatively affect you? On January 1, 2019, alimony will no longer be taxable to the recipient. Instead, it will be treated much like child support.

Alimony will also no longer be tax deductible to the payor. That’s a huge blow to the payor, who is now going to first be taxed on the earnings but no longer receive any deduction for paying alimony.

Do These New Laws Effect Me?

Does any of this really matter? That was the subject of a statewide seminar hosted by Harry Siegel of Milstein Siegel on November 2. During the seminar, five members of the judiciary, a highly experienced divorce mediator, and a top forensic accountant discussed the implications these changes to alimony.

So, what is the answer? As with all things, “it depends.”

Hire An Experienced Divorce Attorney

The better answer? With the counsel of a tax professional and an experienced divorce attorney with a financial background, there are many ways to offset the effects of the payment of alimony ordered or agreed upon in 2019.

Highly experienced divorce attorneys have always guided their clients – directly or through financial experts – across the complex financial terrain of divorce. It can get complicated, and so much must be factored in for the best result. Of course, sometimes, the best result is the “least-worst” result.

Who knows the least about the new tax ramifications of alimony upon divorce? Right now, it is the judges hearing your case. They will solely rely on the attorneys and expert witnesses they hear from to determine the most equitable approach. Perhaps that means reducing an alimony award to consider the taxes the payor will have to absorb. Perhaps there are other areas of deductions to offset alimony. Don’t forget, there are often major issues of college financial aid that become intertwined with alimony and divorce.

Finally, alimony can be creative. More importantly, payments between spouses can be creative. Maybe in a certain case, a disproportionate share of the family’s assets totally offsets the need for alimony.

Reach Out To The Experienced Divorce Attorneys

Remember: seeking assistance from an experienced divorce attorney should always be your first step in moving forward with your life. Milstein Siegel can help. For more information, reach out to the experienced Maryland divorce attorneys at Milstein Siegel today by calling (410) 792-2300 or by requesting a consultation online.

Disclaimer

Milstein Siegel provides advice and representation to its clients solely under the laws of the State of Maryland.

Filed Under: Alimony,  Divorce and Finances,  Divorce and Taxes,  Men's Divorce,  Women and Divorce

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