Forward Thinking Family Law Since 1994

Some Attorney Fees May be Deductible

At this time of year, taxpayers are particularly interested in tax deductions. If you have been paying for legal advice during your divorce, there may be some compensation in that a portion of those fees may be deductible.

Generally, attorney fees paid by individuals in the process of a divorce are not deductible on income tax returns. There are exceptions. Legal fees paid for obtaining taxable income, such as alimony or spousal support, or other income producing property such as investment income, can be deducted. Conversely, attorney fees expended in defending against payment of spousal support or alimony can also be deductible.

>You should ask your attorney for a statement of what portion of the fees that were paid during the tax year by you are deductible.Then present that to your income tax preparer and check with them to determine if they consider it a deductible expense.