Legal Question in Family Law in Pennsylvania
divorce
My divorce stated that Iwas to receive 40 thousand dollors plus what ever it was over in my ex husbands thrift savings account. I understand that it was income and i have to pay taxes on it. But my question is since the divoce stated that I was to get 40 thousand is there a legal way for me to go after the ex for the 10 thousand it cost me in taxes
1 Answer from Attorneys
Re: divorce
You asked about taxes in a divorce settlement.
Actually, you need to speak with a CPA because you may be incorrect about the payment being income. Income taxes were paid on those funds when they were earned and more than likely your settlement was a division of the assets rather than income to you. Therefore taxes no taxes MAY be due.
As to the actual question: If the payment does count as income and taxes are due then that is your expense and you cannot "go after" your ex for the amount of taxes.
Again, check with a tax professional as a division of assets in divorce usually does not generate income.
Regards,
Roger
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