Divorce Timing Is Everything: Waiting for the New Year May Have Its Advantages

In a column published in the Daily Business Review, Family Law Attorney Rebecca Palmer writes that commencing divorce proceedings soon after a new year has advantages. Among these reasons is that the IRS determines marital status based on the last day of the calendar year, December 31. If a person is still legally married on that day, taxes can be filed jointly, which often comes with significant tax benefits versus filing as single or head of household.

“Divorce involves dividing assets and debts as well as often adjusting to significant changes in income, while the holiday season can add financial strain with increased spending on gifts, travel, and celebrations,” Palmer writes. “Postponing the legal process until after the holidays gives valuable time to budget, plan for legal fees, and evaluate the long-term monetary impact of decisions.”

Because Florida law prioritizes the child’s best interests in shared custody proceedings, it is also beneficial for parents to wait to start this process until after the emotional heights of the holiday season have subsided. Palmer says this also offers more time to draft a proper parenting agreement rather than forcingthis change during the holiday season.

“The new year often symbolizes a fresh start and an opportunity to close old chapters,” Palmer writes. “For many, it is the ideal time to take control, embrace new beginnings, and start a new chapter.”

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