Is My Divorce Tax Deductible?

Divorce can be difficult, both emotionally and financially. You may be able to find some relief in the event that some of the associated costs are deemed as tax deductible. Unfortunately, most litigation expenses are personal and non-deductible. There are some expenses, however, that can be deducted, assuming your financial records are in order and the federal tax codes do not change to preclude such deductions. (Insert link to

Which divorce expenses are tax deductible?

A few specific fees are currently tax deductible. These deductible fees can only be claimed if you itemize them on Schedule A of Form 1040. These are to be claimed as miscellaneous deductions.

Those Virginia divorce fees considered deductible include:

  • Professional fees for either tax advice or taxable spousal support;
  • The costs of litigation to increase spousal support payments; and
  • Any fees that can be proven instrumental in the winning of taxable assets.


Those Virginia divorce fees considered non-deductible include:

  • Fees incurred by the other spouse when one spouse is ordered to pay the other’s court costs;
  • Costs of personal advice;
  • Costs of settling custody issues;
  • Costs of counseling; and
  • Costs of legal action in Virginia divorce.

Throughout your Virginia divorce proceedings, you’ll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserving your seat at our monthly divorce seminar – 757-425-5200.

The Virginia divorce lawyers at Hofheimer Family Law Firm are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life.

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