Making Divorce Less Taxing: A Unique Opportunity for Income, Estate, and Gift Tax Planning

Divorce often is an emotionally traumatic experi-ence, and dealing with tax considerations in divorce only adds to the psychological burden. However, addressing the unique tax issues that arise in divorce should be an integral part of the marital dissolution process. The problems that can result from poor tax planning may not surface until months or even years after a divorce, and attempts to fix those problems—if even possible—may be extremely difficult, time-consuming, and expensive. To help plan for taxes during a divorce and avoid various traps for the unwary, this Article addresses ten common issues that should be considered during the marital dissolution process, especially when working with high net worth spouses who typically have more complicated income, estate, gift, and generation skipping transfer tax planning need.

Justin T. Miller

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