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Making Sense of the More Complex Aspects of Divorce

The issue of taxes silently permeates every aspect of the divorce settlement. It affects the divorcing spouses' negotiating tactics and future financial planning, and it can turn an equitable division into a ticking time bomb for one of the spouses. This incisive legal course offers common sense and specialized approaches to planning for tax liabilities and practical guidance on properly dividing retirement assets without resorting to outside help or incurring fiduciary liability. Enhance your practice - register today!

  • Help your client decide whether to file their taxes jointly or separately, and explain the implications of each.
  • Account for future capital gains and income tax effects of asset division in divorce.
  • Plan for the tax resulting from the sale of marital residence.
  • Get a refresher on the rules of deductibility and clarify when support tax recapture is possible.
  • Develop a system for efficiently drafting and implementing QDROs.
  • Review common methods of determining the current and future value of a defined contribution plan.
  • Find out when and how early withdrawal penalty applies.
  • Apply QDROs rules correctly when dividing the complex military retirement plans.


  1. Filing State of Divorcing Parties
    9:00 - 9:30, Heather Deskins
    1. Filing Jointly or Separately
    2. Amending Tax Returns
    3. Refusal to File Jointly
    4. Innocent Spouse Relief
    5. Unpaid Tax Liability
  2. Taxation of Asset Transfers In Light of Divorce
    9:30 - 10:00, Heather Deskins
    1. Tax Basis of Assets
    2. Tax-Free Asset Transfers
    3. Capital Gains Tax
    4. When is the Tax Realized
    5. Record Keeping Requirements - IRS Circular 230
    6. Transfer of Tax Basis
    7. Adding Expenses of Maintaining Income-Producing Asset to the Asset Caretaker's Tax Basis
    8. How Changes in Asset Value Affect Tax Liability in Divorce
  3. Tax on Sale of the Marital Home
    10:15 - 10:45, Heather Deskins
  4. Taxation of Child and Spousal Support
    10:45 - 11:15, Heather Deskins
    1. IRC Sections 71 and 215
    2. Taxation of Installment Payment of Support
    3. Dependency Exemption
    4. Recapture Rules


  1. Qualification Requirements: IRC §414(p) and ERISA §206(d)
    12:15 - 12:45, Brian Hogan and David Kelley CFP
  2. What Type of Plan Is It?
    12:45 - 1:15, Brian Hogan and David Kelley
    1. Defined Benefit
    2. Defined Contribution
  3. General Issues
    1:15 - 1:45, Brian Hogan and David Kelley CFP
    1. Determination of Plan Type
    2. Freezing Participant's Access to Benefits
    3. Review Samples and Procedures
    4. Seeking Preliminary Approval
  4. Defined Contribution QDRO Issues
    1:45 - 2:30, Brian Hogan and David Kelley CFP
    1. Immediate Lump Sum Distribution
    2. Adjustment of the Award for Market Value Gains/Losses
    3. Valuation Dates
    4. Administrative Fees
    5. Outstanding Loans
    6. Pre-Tax Assets
    7. Marital Portion
    8. Exemption of 10% Federal Early Withdrawal Penalty
  5. Defined Benefit QDRO Issues
    2:45 - 3:30, Brian Hogan and David Kelley CFP
    1. Separate Interest vs. Shared Interest
      1. Payable over the Life of Alternate Payee or Participant
      2. Commencement of Alternate Payee's Benefit
      3. Form of Alternate Payee's Benefit
      4. Death of Participant
      5. Death of Alternate Payee
    2. Determination of Marital Portion
    3. Other Defined Benefit Plan Concerns
    4. Subsidized Benefits
      1. PBGC
      2. Address Changes
  6. Using QDROs to Collect Child Support Arrearages
    3:30 - 4:00, Brian Hogan and David Kelley CFP
    1. Defined Benefit Plan
    2. Defined Contribution Plan
    3. Taxability of Child Support
  7. Governmental Pension Plans
    4:00 - 4:30, Brian Hogan and David Kelley CFP
    1. Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS)
    2. Military
    3. Railroad


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