Indiana Divorce Law...

Indiana Law - May the Court Consider Tax Issues.

The court may consider tax issues in dividing the property.

The tax issues that arise most frequently are:

• Tax that would be paid if securities or mutual funds were sold.
• Tax that would be paid if the family home were sold.
• The deductibility of spousal maintenance to the payer and inclusion in income of the recipient.
• The non-deductibility of child support and non-inclusion in income of the recipient.
• The income tax exemption for a child, which sometimes may be given to either parent.

Section 31-1-11.5-11.1.

Cases:

Porter (1988) 526 NE2d 219 (considering tax consequences on distribution of pension plan).

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