Divorce Waiting Period in PA
I recently spoke to a client on the phone about his divorce, and he asked me “Do I really need to wait one-year before I can be officially divorced?” I hesitated before giving him an answer that lawyers are notoriously known for: It depends. Pennsylvania is a no-fault state which means neither spouse needs to prove “fault” or marital misconduct on the part of the other. To obtain a divorce, a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. However, grounds for a no-fault divorce must still be established.
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A few things are certain when going through divorce, but the tax status of alimony payments was always a given. Alimony, which is support provided by one ex-spouse to the other after a divorce has been entered, has historically been deductible to the payor and includable as income for the payee. That is no longer permitted. On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act which took effect on January 1, 2018. The new law eliminates the tax deduction for alimony payments. As such, alimony payers will no longer be permitted to deduct alimony on their taxes.
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