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Are Divorce Lawyer Fees Tax Deductible Or Not?

If you’re going through a split and asking are divorce lawyer fees tax deductible, here’s a clear breakdown of what the IRS actually allows and what it doesn’t.
If you’re here, you’re probably dealing with something tough.
Maybe you’re in the middle of a divorce or thinking about one, and now you’ve got this big question sitting on your mind: Are divorce lawyer fees tax deductible?
Honestly, I wish I could tell you this is a simple yes or no answer. But like many things with taxes, it’s more of a “well, it depends.”
In this post, you’ll get real answers to help you understand what’s what — and save you from guessing when it’s time to file your taxes.
First, What Do Divorce Lawyer Fees Cover?
Let’s keep it real for a second — divorce lawyers aren’t cheap. The fees stack up fast, and before you know it, you’re paying for:
- Meetings and calls with your lawyer
- Paperwork and court filings
- Time spent negotiating with your ex’s lawyer
- Help with dividing money and property
- Custody agreements for the kids
- And sometimes… just waiting around in court
And when all that adds up, it’s only natural to wonder if you can knock a few of those costs off your taxes.
So, Are Divorce Lawyer Fees Tax Deductible?
Let me say it straight: Most divorce lawyer fees are not tax deductible. Not anymore.
Before 2018, there were certain deductions people could take.
However, after the Tax Cuts and Jobs Act (TCJA) kicked in, a lot of those write-offs were removed.
That includes lawyer fees for personal stuff like getting a divorce.
So if you’re paying your lawyer just to help end your marriage — you can’t deduct that.
But here’s the exception:
If your lawyer is doing work that’s directly tied to getting taxable income, then that part of their fee might count.
Let me explain…
What Part of Your Lawyer’s Fee Could Be Deductible?
Okay, here’s where it gets a little tricky, but I’ll break it down simply.
If you hire a divorce lawyer to do one of the following:
- Help you get alimony (aka spousal support that you’ll reportas income)
- Help you figure out tax advice related to the divorce
- Help you get business-related assets during the split
Then those specific parts of the bill might be deductible — but only if you can clearly separate those fees from the rest.
The IRS doesn’t want guesses. You need clear records that say:
- “X dollars were for alimony negotiations.”
- “Y dollars were for tax advice.”
Even then, you can’t deduct them if you’re just a regular employee.
Only people who own a business or are self-employed may be able to claim some legal fees as a business expense.
Here’s what the IRS says about it: IRS Legal Fees Guidance.
Bottom line: It’s very limited. And unless you’re working with a pro who’s helping you sort it out in detail, chances are — you won’t get a tax break for most of it.
Real Talk — This Stuff is Confusing

If you’re sitting there feeling lost, I get it.
Taxes are already a lot. Add in the emotional mess of a divorce, and your head can start spinning.
You’re trying to protect your money, your kids, and your sanity — all at the same time.
That’s why having someone you can trust makes a big difference.
If you’re around Buffalo, NY, there are lawyers who know both divorce law and how it affects your money and taxes.
One that stands out is this divorce lawyer Buffalo, NY. They’ve helped a lot of folks handle these exact questions.
If you’re local, it’s worth checking them out.
What If Your Divorce Involves Other Legal Problems?
Now, I know some breakups get even messier — especially when there’s a car accident, injury, or other serious stuff involved.
Here’s how it connects:
- If you were hurt during your marriage and are working with a personal injury attorney Orlando, FL, those legal fees might fall under a different rule.
- If your ex or someone else caused a car accident, and now you need a car accident attorney Orlando, FL, that’s not part of your divorce case, so it might be handled differently when it comes to taxes.
- Same goes for hiring a truck accident attorney Orlando, FL, or a bus accident attorney Orlando, FL — especially if the accident was work-related or led to lost income.
- Even if you were injured in a boating accident and had to work with a boat accident attorney Orlando, FL, those legal fees would follow separate tax rules than divorce fees.
The key is this: personal injury cases have their own rules, and in some cases, you can deduct legal fees or not pay taxes on the settlement. But again, it all depends on your situation. Always talk to a tax expert before assuming anything.
What You Can Do To Get Some Financial Relief

Even if most lawyer fees aren’t tax deductible, there are still some ways you can reduce the financial load.
Here are a few tips:
1. Ask your lawyer for a detailed breakdown.
You want them to list exactly what work they did — alimony, tax stuff, business assets, etc. That way, if there’s any part you can deduct, you’ll have proof.
2. Keep all your receipts and payment records.
This helps if you end up talking to an accountant later or need to show evidence to the IRS.
3. Talk to a CPA or tax pro.
Seriously. It might cost a bit, but it could save you way more in the long run.
4. Plan ahead for taxes during the divorce.
If your divorce is still ongoing, ask your lawyer to involve a tax specialist. Some lawyers even work with them directly.
So What’s the Answer?
Let’s wrap it all up clearly.
- Are divorce lawyer fees tax deductible?
Mostly, no. - Can you deduct any of it?
Only the parts that deal with tax advice, alimony that counts as income, or business-related stuff — and only if it’s clearly listed. - Who can help?
A good divorce lawyer who understands taxes, and a reliable tax professional or CPA.
One Last Thing I Want to Say
I know talking about taxes and divorce at the same time can feel like getting hit from both sides.
It’s heavy. It’s frustrating. And it’s easy to feel like you’re doing it all wrong.
If no one else has said it today, let me say it: you’re doing your best.
This kind of stuff isn’t something most people are ready for. We don’t grow up learning how to handle a divorce and the IRS in the same year.
But you’re here, you’re looking for answers, and that says a lot. Just take it one step at a time.
And if you mess something up, it’s okay. You can fix it. We’ve all made mistakes with paperwork or forgot to ask the right question at the wrong time. You’re not alone.
Quick Recap Before You Go:
- Divorce lawyer fees? Not usually tax deductible.
- Some exceptions exist — alimony, tax advice, or business-related work.
- Keep clear records, talk to professionals, and ask questions early.
- Don’t beat yourself up if it all feels confusing.