Attorney Fees From A Divorce Addendum

At the Orange County Law Office of David P Schwarz we have litigated many divorce cases involving the dispute over attorney fees. Please contact our office at 949 735 9266 or via email at dpslaw66@gmail.com for further consultation.

A Divorce attorney will explain to you that attorney fees which are fees charged by attorneys, accountants, appraisers and other experts in connection with marriage dissolution, child custody and similar family law disputes are, as a general rule, not deductible by either party because they are considered personal expenses.

 It is immaterial that the litigation may have important business implications: Although one spouse might incur significant counsel fees in connection with marriage dissolution to make certain that a family business is protected, his or her litigation expenses are “personal” and nondeductible.

Under prior law, certain fees and costs related to marital dissolution could be deducted as “miscellaneous itemized deductions” (subject to the rule that only miscellaneous itemized deductions in excess of 2% of adjusted gross income could be deducted). These items included the cost of obtaining alimony and tax planning. However, tax legislation enacted in 2017 prohibits the deduction of all miscellaneous itemized deductions during the years 2018-2025.

At the Orange County Law Office of David P Schwarz we will make sure that in someway we can protect the expense or reimbursement of attorney fees during the divorce litigation.

Allocation of fees: Because fees and expenses associated only with a property division dispute between divorcing spouses generally are not deductible there must be an allocation between the portion of the fees attributable to the business and the portion attributable to dividing up ownership of the business as part of the marriage dissolution proceeding.

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