Many couples hesitate to end their marriage for a variety of reasons – most of which are financial. So it may come as a surprise to couples who have reached the conclusion that it is time to end their marriage that they may actually enjoy one unexpected, positive benefit from divorcing: saving some money on their taxes.
Under the Internal Revenue Code section 212, if you and your spouse file for divorce this year, you may be entitled to claim part of the cost of paying your attorney as an itemized deduction on your taxes. Specifically, the rules allow for deducting the cost of suing for spousal support. You may only deduct the legal fees actually paid in 2011 on your 2012 income tax filing. However, the payer of the spousal support may not deduct the cost of fighting in court against paying spousal support.
If you are planning to file for a divorce, especially if you plan to request some form of alimony (spousal support), it is vital that you obtain representation from a qualified San Diego divorce attorney. Your rights, including your right to spousal support, can easily be curtailed by a court if you don’t have an attorney fighting to protect them on your behalf. Given that you can also deduct the cost of filing for spousal support from your taxes, there is really no reason not to obtain legal representation.