As we approach April 15 I am frequently asked whether fees paid to an attorney are tax deductible.
You cannot deduct legal fees and court costs for getting a divorce. However, fees you have paid your attorney for getting alimony are generally deductible.
Fees you pay your attorney may include charges that are deductible and charges that are not deductible. You need to request a breakdown from your attorney setting forth what the fees were for. Also, remember you can claim deductible fees only if you itemize deductions on Schedule A of your tax return.
If you paid attorney’s fees to obtain alimony in 2007, now would be a good time to contact your attorney for a breakdown of those services which were directly related to services in getting and collecting alimony.
For more information, refer to IRS Publication 504.