The deductibility of expenses related to legal counsel during marital dissolution proceedings is a complex area within tax law. Generally, personal legal fees are not deductible. However, specific portions of legal expenses incurred in a divorce may qualify as deductible if they are directly related to either tax advice or efforts to produce or collect taxable income. For example, fees paid to a lawyer to determine the tax implications of a property settlement could be deductible.
Understanding the potential for deducting certain legal costs associated with marital dissolution can result in significant tax savings. Historically, the IRS has taken a narrow view on what constitutes deductible legal expenses in divorce cases. This necessitates meticulous record-keeping and clear allocation of fees to specific services rendered. Proper documentation is essential to substantiate any deduction claimed on a tax return.