Are Attorney Fees Tax Deductible?

divorce attorney Jill Duffy

By Jill A. Duffy

Attorney, Cordell & Cordell

Unfortunately, your divorce attorney fees are not tax deductible.

However, any attorney fees that you incurred relating to tax advice surrounding divorce may be deductible up to the federal government limits. You may also be entitled to deduct attorney fees to obtain taxable alimony.

Even if your divorce attorney is not a tax specialist, you may be able to deduct the fees you paid them for any tax advice. The fees should be denoted on your bill in a way that makes it clear the advice was for tax purposes, and not for counseling or advice relating to the divorce itself.

There is a tax deduction for the original proceeding by which a person procures taxable alimony, as well as for any subsequent proceeding to increase it or collect arrears.

Unfortunately, there’s no write-off for what one spouse spends to resist the other’s demands for more alimony or to set aside a prenuptial property agreement.

This information is general in nature and should not be construed as tax advice. You should work with your attorney or tax professional to determine the tax advantages that will work best for your situation.

Read all the articles in our Divorce and Taxes series:


Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.  

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