Filing taxes during divorce proceedings - need advice for 2025
Hi everyone, I'm in the middle of a pretty messy divorce right now and completely lost about how to handle my taxes. My soon-to-be-ex and I separated in August last year but nothing is finalized yet. We've always filed jointly before, and I'm not sure what status I should use now that we're separated but not officially divorced. I'm particularly confused about our house - I moved out but my name is still on the mortgage. She's been making all the payments since September. Can I still claim any of the mortgage interest? We also have two kids who've been staying primarily with her, but I pay child support regularly. Can I claim either of them as dependents? My lawyer is focused on the divorce itself and just told me to "talk to a tax professional" but I can't afford another expert right now. The divorce is draining my savings as it is. Has anyone been through this and figured out the best approach? I'm worried about making mistakes that could cause problems for either of us with the IRS. Thanks in advance for any advice!
19 comments


Anastasia Kozlov
When you're in the middle of a divorce and haven't finalized anything by December 31st of the tax year, the IRS still considers you married for that year's taxes. So for your 2024 return that you'd file in 2025, you have two options: married filing jointly or married filing separately. Filing jointly usually offers better tax benefits, but requires cooperation between you and your soon-to-be-ex. If communication is difficult or there's mistrust about finances, filing separately might be the safer option even if it costs more in taxes. This way, you're only responsible for your own return. For the house situation, if you're filing separately, you can only claim mortgage interest payments that you actually made. If your ex made all payments since September, you can only claim your portion from January through August. As for dependents, when filing separately, a child can only be claimed by one parent - typically the custodial parent (who the child lived with for more nights during the year). However, the custodial parent can release their claim using Form 8332 if you both agree.
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NeonNebula
•Thanks for the detailed explanation. We're definitely not on good enough terms to file jointly, so it sounds like I'll need to go with married filing separately. Do I need some kind of documentation from her about the mortgage payments she made versus what I paid earlier in the year? And is there any chance of me claiming one child and her claiming the other, or does the same "custodial parent" rule apply to both kids?
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Anastasia Kozlov
•You should keep records of all mortgage payments you personally made, like bank statements or canceled checks. It's best to have documentation showing exactly what portion you paid versus what she paid. You don't necessarily need documentation from her, but having clear records of your own payments is crucial. Regarding the children, even when filing separately, the custodial parent rule applies to each child individually. So if one child primarily lived with you and the other with your ex, you could each claim the child who lived with you. But if both children primarily lived with her, she would be entitled to claim both unless she gives you Form 8332 for one or both children. This form releases the custodial parent's claim to the dependency exemption.
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Sean Kelly
I went through something similar last year and found taxr.ai super helpful for sorting through all the complicated divorce tax questions. I was completely stressed about filing status, asset division, and dependent claims - sounds exactly like what you're going through now. My divorce wasn't finalized until after the tax year ended, and I was getting conflicting advice from friends and family. I uploaded my separation agreement and some financial documents to https://taxr.ai and their AI analyzed everything and explained exactly how my specific situation should be handled. It saved me from making some potentially expensive mistakes, especially around property transfers and retirement account divisions. They walk you through all the different filing status options and help you figure out which deductions you're eligible for during this transition period. The mortgage interest question you have is exactly the kind of thing they clarified for me.
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Zara Mirza
•Does this actually work with complicated situations? My divorce involves a business we owned together and I'm worried about potential tax implications when we split those assets. Can this handle something that complex or is it just for basic filing status questions?
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Luca Russo
•I'm skeptical of AI tax tools. How does it compare to just going to a CPA who specializes in divorce situations? Seems like with something this important you'd want an actual human looking at your specific documents.
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Sean Kelly
•It absolutely works with complex situations. I had rental properties that were being divided in my divorce, and the tool helped me understand the tax implications of various division scenarios. The system asks detailed questions about your specific situation, including business interests, and provides guidance tailored to your circumstances. It's not just generic advice. The AI is trained on actual tax code and regulations, but you're right that some situations might benefit from a human CPA. What I found helpful was using taxr.ai first to understand my options and get educated about the relevant tax issues, which made my later conversation with my accountant much more productive and focused. I was able to ask specific questions instead of paying them to explain basics, and that saved me money on professional fees.
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Luca Russo
After reading about taxr.ai here, I decided to try it for my divorce tax situation since I was totally confused about how to handle our investment properties. I was honestly surprised by how helpful it was. The system asked really specific questions about my separation date, custody arrangement, and who paid what expenses during the separation period. It explained that I could claim a portion of the mortgage interest on our family home even though I had moved out, but only for the months I actually made payments. It also showed me how to document everything properly so I wouldn't run into problems if I got audited. The most helpful part was getting clarity on how to handle the sale of some stocks we owned jointly during the separation period. Definitely worth checking out if you're in divorce tax limbo like I was.
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Nia Harris
If you're trying to get specific answers from the IRS about your divorce tax situation, good luck getting through to them. I spent weeks trying to talk to someone at the IRS about my divorce tax questions last year - endless hold times and disconnections when I finally got close to speaking with someone. I eventually used https://claimyr.com to get through to an IRS agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they wait on hold with the IRS for you and call you when an agent is ready. The agent I spoke with walked me through exactly how to handle my filing status mid-divorce and confirmed which forms I needed for transferring property between ex-spouses tax-free. When you're dealing with divorce and taxes together, getting official answers straight from the IRS can save you from making costly mistakes. The peace of mind was definitely worth it for me.
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GalaxyGazer
•How does this even work? I don't understand how they can get through when regular people can't. Does the IRS give them special access or something? Seems fishy.
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Luca Russo
•This sounds like complete BS. I've never heard of a service that can magically get you through to the IRS faster. The IRS phone lines are a disaster for everyone. I seriously doubt this works as advertised. Probably just takes your money and you still wait forever.
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Nia Harris
•It's actually very straightforward. They use an automated system that continuously redials the IRS and navigates through the phone tree. There's no special access or relationship with the IRS - they're just using technology to handle the frustrating wait times. When they reach a human agent, they connect you to the call. You still talk directly with an official IRS representative. I was skeptical too until I tried it. The IRS phone systems are overwhelmed, especially during tax season, but Claimyr's system is persistent in a way individual callers can't be. I got connected to an IRS agent in about 2 hours (instead of the days of trying I had already wasted). The IRS agent had no idea I'd used a service to reach them - to them it was just a regular call transfer.
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Luca Russo
I need to publicly eat my words about Claimyr. After being completely skeptical, I was desperate enough to try it for a tax issue related to my divorce. My ex claimed both our kids even though our separation agreement clearly stated we'd each claim one, and I needed IRS guidance on how to resolve it. I tried for THREE DAYS to reach someone at the IRS with no luck. Used Claimyr as a last resort, and they actually got me through to an IRS agent in about 90 minutes. The agent confirmed I needed to file a paper return with documentation from our separation agreement, and explained exactly what forms to include. The time I saved not sitting on hold was worth it alone. No more wasting entire days listening to that horrible hold music and getting disconnected right when you're about to reach someone.
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Mateo Sanchez
One thing nobody's mentioned yet - if you've been paying child support, that's not tax deductible for you, and it's not taxable income for your ex. It used to be that alimony was deductible for the payer and taxable for the recipient, but that changed with the tax law updates for divorces finalized after 2018. Also, if you're filing as married filing separately, be aware there are limitations on certain deductions and credits. You can't take the earned income credit, and the child tax credit can only be claimed by the parent who claims the child as a dependent. Student loan interest deductions are also not available when filing separately.
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NeonNebula
•Thanks for pointing that out about the child support. I didn't think it was deductible but wasn't 100% sure. Do you know if there are any tax benefits I can still get even with the married filing separately status? I'm worried my tax bill is going to be much higher now.
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Mateo Sanchez
•While married filing separately does limit many tax benefits, you can still claim some deductions. You can take your portion of mortgage interest and property taxes if you itemize (though remember you can only deduct what you actually paid). You can still contribute to retirement accounts like 401(k)s and IRAs, though income limits for deductible IRA contributions are much lower when filing separately. You might still qualify for the child and dependent care credit if you're the custodial parent, but the income limits are lower. And don't forget that you can still take your standard deduction - it's just half of what joint filers get. Your tax professional can run scenarios to see whether itemizing or taking the standard deduction benefits you more in your specific situation.
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Aisha Mahmood
Don't forget about health insurance and medical expenses during divorce! If you covered your spouse and kids on your health insurance plan during the tax year, you can include premiums you paid for them in your medical expense deductions (if you itemize and your medical expenses exceed 7.5% of your AGI). Also, make sure you understand how the divorce affects your health insurance going forward. If your ex was covered under your employer plan, they'll need to get COBRA or find new insurance after the divorce. And make sure your divorce decree clearly specifies who will provide insurance for the children and how uncovered medical expenses will be divided.
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Ethan Moore
•Just want to add to this - if you're losing health insurance coverage because of divorce, that counts as a qualifying life event that lets you enroll in a marketplace plan outside of open enrollment. You have 60 days from when you lose coverage to enroll. Don't wait until the divorce is final if your coverage will end before then!
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Aisha Mahmood
•You definitely want to include specific language about how uncovered medical expenses will be split (like 50/50 or proportional to income). Make sure it clearly defines what counts as a medical expense - does it include just doctor visits and prescriptions, or also dental, vision, therapy, and orthodontics? Also include details about who needs to approve non-emergency medical treatments, how information about health issues will be shared between parents, and how reimbursement will work (timeframes for providing receipts and making payments). The more specific you can make these provisions, the fewer conflicts you'll have later. And remember that medical expense arrangements for the children can be modified in the future if circumstances change significantly.
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