Getting Divorced

Going through a divorce can be a difficult and emotional process, and it can be easy to overlook important tax considerations. However, it is important to understand the tax implications of your divorce, as they can have a significant impact on your finances. In this blog post, we will discuss the top tax considerations to take into account when getting divorced in Canada.

Spousal support payments
If you are paying spousal support, the payments are tax deductible for the paying spouse and must be included as income for the receiving spouse. However, to qualify as spousal support for tax purposes, the payments must be made under a written agreement or court order, and must meet certain other criteria set out by the Canada Revenue Agency (CRA). Spousal support payments

It is important to note that child support payments are not tax deductible for the paying spouse and are not considered income for the receiving spouse.

Division of assets
When a marriage ends, assets such as the family home, investments, and pensions may need to be divided between the spouses. In Canada, there are generally no tax consequences when assets are transferred between spouses as part of a divorce settlement. However, if assets are sold as part of the settlement, capital gains tax may be applicable.

It is important to obtain professional advice on the tax implications of any proposed asset division, as there may be strategies that can help minimize taxes.

RRSPs and TFSAs
In Canada, Registered Retirement Savings Plans (RRSPs) and Tax-Free Savings Accounts (TFSAs) are considered individual assets, even if they were funded with joint funds during the marriage. As such, they are generally not subject to division as part of a divorce settlement.

However, if RRSPs are transferred from one spouse to the other as part of a divorce settlement, there are specific tax rules that apply. The transfer must be made directly between the RRSP providers and there are no tax consequences for either spouse, as long as the transfer is made pursuant to a court order or written agreement.

Child care expenses
In Canada, child care expenses are generally deductible by the parent with whom the child primarily resides. However, if the parents share custody, the deduction can be split between them based on the amount of time the child spends with each parent.

It is important to keep accurate records of child care expenses and to ensure that any agreements or court orders clearly specify how the expenses will be allocated.

Legal fees
Legal fees related to a divorce or separation are generally not tax deductible in Canada. However, fees paid for legal advice related to spousal support or child custody issues may be deductible.

It is important to keep detailed records of all legal fees paid, as they may be eligible for a tax deduction.

In conclusion, getting divorced can have significant tax implications in Canada. It is important to obtain professional advice to ensure that all tax considerations are taken into account and that you are able to minimize your tax liability. By being aware of these top tax considerations, you can make informed decisions that will help you move forward financially after your divorce.