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socrateaser, Lawyer
Category: Tax
Satisfied Customers: 39145
Experience:  Retired (mostly)
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Divorced 2/8/16, House sold 3/31/16, property settled

Customer Question

Divorced 2/8/16, House sold 3/31/16, property settled 6/1/16. Split retirement 50/50. I received April, May and probably June retirement in full w/o a house payment so how do I split that to in sure taxes apply to both parties equally. Pryor to the house selling the retirement paid the mortgage.
Also this is in Tribal Court but the retirement is managed by the state. All is good except the 3 month I will split on my own
Submitted: 1 year ago.
Category: Tax
Expert:  socrateaser replied 1 year ago.


The easiest solution is to agree to file a joint tax return for the 2016 tax year. That way you each get the same benefit from all income and deductions. If you cannot get this agreement with your ex, then you could offer to make an agreement under which the party who gets the benefit of this tax effect will pay the other party an equalization payment so that each party gets the same benefit, regardless of who actually pays the tax.

Those are the only options -- and each requires an agreement between parties -- which after a divorce can admittedly be difficult to accomplish.

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