Legal Fees from Divorce Generally Not Deductible

The Florida Times Union, August 14, 2000 | Go to article overview

Legal Fees from Divorce Generally Not Deductible


Q: My wife and I just completed a long, drawn-out divorce during which I paid both her attorneys' fees and mine. She claimed an interest in my business, which is my sole source of income. I wound up keeping my business, but she received a number of valuable assets and alimony. If I had not kept my business, I would have lost my income. Is there any way I can deduct these attorneys' fees?

A: Generally speaking, since the termination of a marriage is a personal matter, payments of legal fees in connection with a divorce are not deductible; however, as with most general rules, there are exceptions:

1. If the payment of legal fees is related to the production or collection of taxable income, the portion of the fees allocated to that purpose may be deducted from the payor's adjusted gross income. Here, it is highly unlikely that you would be able to deduct the fees involved in keeping your business as part of a property settlement. Unless you received alimony from your former wife, this exception would not apply to you. On the other hand, if your wife paid her attorneys, the portion of her fees allocated to those services that produced taxable income for her would probably be deductible.

2. If the payment of legal fees is related to tax advice in conjunction with the marital settlement, the portion of the fees allocated to that purpose may be deducted from the payor's adjusted gross income. The portion allocated to tax-related advice in connection with the financial issues of your divorce may be deductible

If you are entitled to a deduction of a portion of your attorneys' fees, however, your deduction will be limited to the extent that the amount deducted exceeds 2 percent of your adjusted gross income. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Legal Fees from Divorce Generally Not Deductible
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.