Question 1

Who Claims Any Children and Files Head of Household for Divorce in Virginia?

Accepted Answer

Since tax filing status is also based on a couple's marital status it can be confusing how to handle the final filing after a divorce. A dependent or child cannot be claimed by more than one person, so both parties need to agree on who can claim the child or children on tax filings.

Question 2

How are Alimony Payments Handled in Virginia?

Accepted Answer

As of December 31, 2018, alimony payments are no longer tax deductible for the paying spouse and no longer taxable for the receiving spouse. This should be considered during the negotiation period along with the division of other assets.

Question 3

Should You Negotiate Spousal Support in Virginia?

Accepted Answer

Spousal support (alimony) is considered by the court by weighing a number of factors. However, alimony may not always be the best option to provide or receive support.

A trust with assets that make distributions can be considered as an alternative to alimony payments. The trust can also revert to the grantor (or ultimately__   paid to any children) at the end of the arrangement.

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