Year-End Divorce Questions: Marriage, Divorce Timing & Tax Questions Clients Are Asking

As the end of the year approaches, many clients have questions about timing taxes, remarriage, and whether it makes financial sense to finalize a divorce in December or wait until January. These concerns are common, and you’re not alone if you’re unsure how timing affects your situation.

Here are two of the biggest questions we receive every December:

1. “Do I need to get married before the end of the year because of taxes?”

This idea tends to spread quickly, and like most things that spread quickly… there’s a little truth and a lot of over-generalization.

When it might make sense to marry before year-end:

• You were planning to get married soon anyway, and
• Moving the date up creates no stress, and
• Filing jointly will actually benefit your financial situation (a tax professional can confirm this)

When rushing isn’t helpful:

In many cases, the tax savings simply aren’t large enough to justify speeding into a marriage ceremony. Marriage is a major life decision. Taxes rarely are.

Filing jointly may create some benefits, but only you and your tax advisor can determine if those benefits are meaningful for your situation.

If you’re uncertain, the safest route is usually:

• Make the relationship decision first
• Make the tax decision second

2. “Does it make sense to wait until January 1 to finalize my divorce?”

This may be the most common year-end question we get.

If you and your spouse plan to file a joint tax return for the current year, it generally makes sense to wait until January 1 to finalize the divorce, because being legally married on December 31 typically allows you to:

• File jointly for the entire year
• Use the higher standard deduction
• Potentially retain marriage-related tax advantages
• Qualify for the double capital gains exclusion on the sale of a primary residence (if applicable)

These benefits can be meaningful, especially for families with children, a home sale, or complex financial circumstances.

But waiting isn’t always the right move.

You may prefer to finalize in December if:

• You want closure before the new year
• You are not planning to file jointly
• There are benefits to completing certain financial orders before year-end
• Emotionally, you need a fresh start
• Your situation has urgency (safety, financial instability, etc.)

There is no one-size-fits-all answer, which is why we encourage clients to reach out if they’re uncertain about how timing may affect them.

You don’t need to navigate this alone.

This season is full of pressure, from finances, from family, from the calendar, and from expectations. If you’re wavering on a decision, unsure about your timeline, or simply overwhelmed with the logistics, we’re here to walk through it with you.