Difference between revisions of "Spousal Support"

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===Deductibility of legal fees===
===Deductibility of legal fees===


The portion of a lawyer's bill attributable to ''increasing'' or ''enforcing'' a spousal support order is tax deductible. The cost of obtaining a spousal support order or defending a claim for spousal support is not deductible. Read the Canada Revenue Agency's [http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s1/f3/s1-f3-c3-eng.html#N10C4B Income Tax Folio: S1-F3-C3, Support Payments] for the fine print.
The portion of a lawyer's bill attributable to ''establishing'', ''increasing'' or ''enforcing'' a spousal support order for periodic payments is tax deductible by the recipient. A payor cannot deduct legal fees paid to establish, negotiate, contest, reduce or terminate the amount of spousal support. Read the Canada Revenue Agency's [http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s1/f3/s1-f3-c3-eng.html#N10C4B Income Tax Folio: S1-F3-C3, Support Payments] for the fine print.


To claim these deductions, the lawyer must write a letter to the CRA setting out what portion of their fees were attributable to advancing a spousal support claim. If you intend to ask your lawyer for a letter like this, you must tell your lawyer as soon as possible, preferably the moment the lawyer takes your case. It may be impossible to winnow out the portions of an account spent on spousal support after the fact.
To claim these deductions, the lawyer must write a letter to the CRA setting out what portion of their fees were attributable to advancing a spousal support claim. If you intend to ask your lawyer for a letter like this, you must tell your lawyer as soon as possible, preferably the moment the lawyer takes your case. It may be impossible to winnow out the portions of an account spent on spousal support after the fact.

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