Are Divorce Lawyer Fees Tax Deductible?

Are you looking for ways to make your divorce lawyer's fees tax deductible? Go through this writing to get the direction with a solution.

Are Divorce Lawyer Fees Tax Deductible?
Divorce Lawyer Fees Tax Deductible

In this age of modern advancement where narcissism is being praised highly and practicing individualism has become a hyped trend, it is a much clear thing to assume that couples will find more comfort in parting their ways.

Though it is a threat to the future of the family structure of human beings, it has brought a great luck opportunity for divorce lawyers such as divorce lawyers in Calgary.

If you are not wealthy enough, thinking about divorce can be a matter of economic tension for you as the divorce lawyer's fees are so high. People look for an answer to this question if divorce lawyer's fees are tax-deductible to find the escape from economic expenses. And the answer is a big "NO."

Still, there could be a different situation that can give you the benefit of being in an exceptional situation and reduce your divorce lawyer's fees by deducting them from the tax.

Why do the fees of divorce lawyers are not tax-deductible?

Basically, in a society, divorce is considered a social issue that affects all aspects of life, whether financial or mental. The divorce process, including the lawyers' fees, alumni amount, and other expenses, can take a person down from up to bottom.

According to the statement of Internal Revenue Services (IRS), divorce is considered a personal issue between two individuals. The fee they pay to their divorce lawyer is considered their expense, which is not a deductible expense.

If you are looking for divorce lawyers within your budget, you can contact a divorce lawyer. Choosing them won't be a wrong decision.

The exceptional situation that can help to make the lawyer's fee tax-deductible

To deal with that type of case and take all the benefits, you have to make a good connection with a tax professional to have transparent communication. They can advise you on the best suggestions as they are experienced in the tax sector with vast knowledge about its pros and cons and the gaps.

The money you pay to your divorce lawyer is known as legal fees, and they are not tax professionals. So, asking them for advice to make the fee tax-deductible would make you nothing less than a fool.


According to the rules of IRS, the deduction of tax is allowed on the expenses necessary for a taxable year. Production and gathering the earning is also an element of it. If paying legal fees is responsible for obtaining the support of your partner, it matches the production and gathering income category, and you can apply to make it tax-deductible.

This rule has some conditions as well. Such as the time must be when you are going through the divorce process. You must have the court's permission to pay the fees of your partners' fees, and remember one thing, the person who pays the fees of the other spouse holds the power of applying for making the fee tax-deductible.

Situation 2:

If the former partner is not paying the amount of alimony properly or the amount is due for a long time, the partner must hire a lawyer to help in this case. If the situation appears like that, the attorney's legal fee is tax-deductible.

If anybody goes against the legal order of the court, those acts are regarded as punishable crimes. Not paying alimony money that the court has already ordered also goes under crime.

Situation 3:

In divorce cases, the alimony issue is a much-known topic, and mainly the husbands pay this to the wives depending on which party is responsible and which party is at a huge loss having no other income source.

If the couple is planning on taking the divorce and one partner hires a lawyer to help in getting the expected alimony money, the number of money s/he used to secure the amount of his/her alimony amount will be considered as a tax-deductible amount.

Final verdict:

To have the most tax-efficient situation, talking with an experienced accountant or tax professional and taking his advice to apply to your situation can be a great escape in finding ways of deducting the expense of a costly divorce process.