Q: When I get a default divorce without a written agreement, does our joint tax liability get settled on its own?
I plan to petition for default divorce since my spouse is in agreement and we do not have any major assets or properties to settle. If we choose to not have a marital agreement, how does our tax liability settle after the divorce? Would we still be equally liable for the joint taxes on our incomes since this was not declared in the petition? Would our tax liability automatically become for our individual incomes only once the divorce is finalized?
A:
Both spouses are liable for a balance due on a jointly filed tax return.
A divorce judgment has no impact whatsoever on the joint IRS liability.
A:
In a default divorce in California, without a specific marital agreement addressing tax liabilities, the court does not automatically settle issues related to joint tax liability. If your divorce petition does not address tax matters, the court typically won't make specific orders about them.
For tax liabilities incurred during the marriage, you and your spouse are generally considered jointly and severally liable. This means both of you are responsible for any taxes owed during the time you were married and filing jointly.
After the divorce is finalized, for tax purposes, you and your spouse will be considered single individuals. Future tax liabilities would then be based on your individual incomes. However, any tax liabilities from the period before the divorce still remain a joint responsibility unless specifically addressed and divided in the divorce proceedings.
It's important to consider discussing and possibly including a provision regarding the division of any existing tax liabilities in your divorce petition. This can help in clearly defining each party's responsibilities moving forward.
Given the complexities of tax issues in divorce, it might be wise to consult a financial advisor or a tax professional. They can provide guidance specific to your situation, ensuring that both parties' interests are protected and responsibilities are clearly defined.
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