What should I consider in a divorce settlement?
Table of Contents
What should I consider in a divorce settlement?
How to calculate a fair settlementMake a list of assets and liabilities.Assess the initial contributions of each party.Consider the length of the relationship.Determine whether or not any assets or liabilities should go together or in separate pools.Deduct the liabilities from the assets to get the total property pool.
Who pays capital gains tax in a divorce?
CGT is only payable upon the trigger of a CGT event, such as a sale or transfer of the asset. An order from the Family Court or a Binding Financial Agreement provides CGT rollover relief so CGT is not payable when the property is transferred to one party by way of final settlement.
Are divorce settlements tax free?
Maintenance payments made by a spouse or that are attributable to a payment made by a spouse is exempt income of the receiving spouse. If a spouse receives income from an existing trust as maintenance payments instead of directly from the other spouse, tax will be payable on that income.
Can you sell your house while getting a divorce?
Selling is not your only option when you divorce or end a de facto relationship. Dividing property will be necessary, but you may be able to keep your home. You will have to buy out your partner, which may involve refinancing your home and perhaps paying a higher mortgage.
How long must you live in a house to avoid capital gains tax?
12 months
