Your marriage may be O-V-E-R, but it’s still important to be smart about your next move. If you’re planning to file for a Michigan divorce any day, there are several reasons to consider waiting until the calendar rolls over into January to make a move.
You can’t outsmart the tax changes.
Maybe you’re aware that in 2018 the new Tax Cuts and Jobs Act will weigh heavily on people paying spousal support: There will be no adjustments for paying or receiving alimony.
Filing for divorce in December doesn’t mean you can outsmart the system. It’s when your divorce is settled that determines how your taxes will shake out. And filing in December means your divorce won’t be settled until 2019 at the earliest.
That means you won’t receive a spousal support tax deduction if you’re the one paying alimony. If you’re the one receiving spousal support, you win – the new tax law doesn’t make you declare the payments as income. This means there may be a tug of war when it comes to spousal support negotiations – the payor will want to pay less because there is no tax break for them.
You’re too busy anyway.
It’s December. No matter what holiday you do or don’t celebrate this month, it’s a busy time of year, whether you’re traveling, working extra hours to take more time off from work, preparing for holiday feasts and gift-giving, decorating, or attending social events. There is a lot going on.
If you’re in an unhappy marriage you may want to just get out so you can enjoy the season without tension and arguing. But, really, do you have time to think clearly about it all? It’s OK to give yourself permission to wait until the new year to file for divorce. You and your soon-to-be ex could even agree to wait it out and try to make one last happy holiday for your family or, at the very least, make it through all your obligations and head into the new year resolved to change your lives for good.
Rushing is not helpful in any divorce.
You can’t make a divorce happen faster just because you’re desperate to get out of your marriage. In the state of Michigan, a divorce that involves children will go through at least a six-month process if not longer. Divorces that do not involve children take a minimum of 60 days to complete, and even that is being optimistic.
Divorce takes time. Financial information must be gathered, paperwork must be filed, negotiations must be carried out, snags arise and need to be addressed. No matter your financial or parental situation, every Michigan couple who wants a divorce will have to wait at least two months for their split to be final. Which means, in December you’re already too late to get your divorce finalized in this calendar year.
Trying to speed up the process for tax purposes, to avoid more stress, or to just get it done will not help you emotionally or financially. If you’re ready to talk about divorce, contact Femminineo Attorneys in Macomb, Michigan, for your free consultation so you can settle on the best course of action for yourself and your family.