Things You'll Need:
- Proof of divorce Proof of court ordered decisions re custody and assets W2 1099 Year end statements Accounting help (software or professional) IRS publication 504 for divorced of separated individuals
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Step 1
Determine your filing status. As much as you consider your spouse your "ex," the moment you decided the relationship was over, legally, until the divorce decree is finalized as per the law of your state of residence, your filing status may or may not have changed. However, there are some circumstances when living apart even though the decree has not been finalized may allow you to file as unmarried for tax purposes. Generally speaking, you must have obtained the decree by the last day of the tax year to file as unmarried, single or head of household.
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Step 2
Get help with your taxes. If you prepared your taxes yourself all along, it might be a good idea to get help at least the first year your status changed. If an accountant is not in your budget, software such as Turbo Tax or others on the market should be able to help navigate with less stress and errors.
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Step 3
Document. Just because you are divorced does not mean you no longer need a reference to your ex. You should know her Social Security number and kept proof of any payments she has made or failed to make. Your ex probably keeps proof of alimony payments made, and so should you.
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Step 4
Determine your income. Other than what you clearly earn via W2s. 1099s or other work, access to income or value through your ex may or may not need to be included. Only the receipt of actual cash, checks or money order qualifies as alimony income. Some instruments of value do not qualify as income for tax details--for example, child support payments, transfer of an IRA, transfer of debt to your ex to reduce your expenses or use of property that saves you money. Partial or underpayment of alimony should not be reported as income received.
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Step 5
Determine your expenses. How you hold marital assets after the divorce impacts the way you file. If the marital home was not sold as part of the divorce split then continuing to hold it as a joint asset, tenancy in common or tenancy by entirety will affect if you can claim it as an asset or itemized deduction. Check with your accountant for more information on this. Divorce expenses may not be used as tax expense deductions; however, legal and accounting advice to determine alimony, property appraisals and other services that helped to determine the value of marital assets may be deducted.
