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Tax FAQs for Couples in Divorce

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jul 24, 2026

Read Time: 3 mins

Answered by Our Rockland County Divorce Lawyers

Tax season can be confusing for New York and New Jersey couples who are in the divorce process. The following are some of the most frequently asked questions.

Can we file jointly or separately?

Answer: As long as you are still married and not legally separated by December 31^st you may elect to file a joint return.

The definition of “legally separated” is governed by state law. In New York or New Jersey you are only legally separated if you have a proper written agreement that qualifies as a separation agreement or pursuant to a court order that has deemed you legally separated.

Is filing separately the only option?

Answer: No. You might be able to file head of household or married filing separately.

Head of household status is reserved, if you provide more than half the costs of the upkeep of your home for child dependents, a parent or other qualifying individual for more than one-half of the year.

Married filing separately causes special rules to apply which may affect your ability to pick between the standard and itemized deductions.

You may qualify for a head of household status even if you are married or unmarried, but are considered unmarried on the last day of the year of the return being filed. You must live apart from your spouse for the last six months of the year and could only be “considered” unmarried pursuant to the IRS “abandoned spouse” rule (ASR).

To claim Head of Household you must also pay more than half of the costs of the home by the end of the year, and a dependent child or other relative must live with you for more than half the year.

You must file as a single taxpayer if you are legally separated as of the end of the year and you do not qualify for any other filing status.

Who claims the children?

Answer: Generally the right to claim a child as a dependency exemption belongs to the custodial parent.

If child custody is truly equally divided, the parent who has the highest adjusted gross income is entitled to the deduction.

Since 2009, it is no longer required that the custodial parent provides more than one-half the child support.

You may contract with your spouse or ex-spouse to allow one person or the other to have the right to claim the child as a dependent exemption. This agreement can be made for the current year or future years, and can be revoked if you have not signed a contract to the contrary.

Is there a capital gain if I accept the transfer of our house from my spouse?

Answer: No gain or loss is recognized for the transfer of property between spouses, if it is related to the divorce or transferred within one year of the termination of the marriage.

There are additional exceptions to this rule. Consult your divorce attorneys.

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   Kenny Perlow 
 15 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 79 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 82 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 88 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 94 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 117 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 130 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 140 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!
  
 
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   Lynn Gill 
 141 days ago
 
 
 Trustindex verifies that the original source of the review is Google. The personnel at this business were second to none. Everyone was super responsive and amazing to work with. For any future legal needs, this will be my go-to, hands down.

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Tax FAQs for Couples in Divorce

Answered by Our Rockland County Divorce Lawyers

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey