Federal Income Estate and Gift Tax Aspects for Separation and Divorce

This book discusses the federal income estate and gift tax consequences of marital separation and divorce. It covers the federal income tax aspects of alimony and child support; the dependency exemption and its application to other tax matters; tax credits; property settlements (with special emphasis on the marital residence); the tax treatment of certain expenses, such as medical expenses, attorney’s fees, and life insurance premiums; filing status; and innocent spouse treatment. The book concludes with a discussion of the federal gift and estate tax aspects of marital separation and divorce.

This book has been written to reach the largest possible audience. It is written primarily for the domestic relations practitioner who should have at least a basic understanding of the federal income, gift, and estate tax aspects of separation and divorce. It is also written for tax attorneys and accountants who are oftentimes called upon to give tax advice in this area, and for beginning, intermediate, and advance domestic relations and tax practitioners.

The material that follows first discusses the law enacted by Tax Cuts and Jobs Act of 2017, and then discusses the law prior to the Tax Cuts and Jobs Act of 2017. The discussion of prior law has been included because it remains relevant for many taxpayers and will remain applicable to those taxpayers into the foreseeable future.