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Overlooked Financial Issues During Divorce- Forgetting the Tax Effect of 401k Money

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Divorce is commonly seen as one of the most stressful experiences one will ever go through.  Along with all of that stress, you are also making financial decisions that will most likely affect the rest of your life and perhaps the lives of your children as well.  For that reason, it’s a good idea to get the advice of a Certified Divorce Financial Analyst™ or some other financial professional during your divorce process.

Forgetting the Tax Effect of 401k Money

Let’s say that a couple is getting divorced and they only have two assets.  A 401k worth $200,000 and house with $200,000 in equity.  In a Kitchen-Table style divorce, where a couple sits at their own kitchen table and figures out their own divorce, it might seem fair for one spouse to take the 401k, and one spouse to take the house.  After all, they are both worth $200,000, right?  Well, that is rarely the case.

Consider this.  If the spouse taking the 401k has not worked in many years, and I’ve often seen clients who have been out of the work-force for over 20 years, if they take the 401k, but it is known that they are going to have to live out of the 401k for a few years while they get themselves back to work, then they are going to have pay income tax on any money that they pull from the 401k.  Assuming they pull $50,000/year for expenses, they will pay over $8,000 in taxes each year.  Should they bear the burden of all of those taxes?  Probably not.  If this couple had used a financial advisor during their divorce, it would have become obvious that the two assets were not of equal value.

Now assume for a second that the spouse who took the house was not planning on keeping the house.  If they were planning on selling it, they would end up paying a percentage to their agent and perhaps even more to get the house ready to sell.  Their net at the end of the day would not be $200,000, but something less.

In a Collaborative Divorce, it’s customary to have a financial person on the team who can calculate the estimated net value of the 401k and the estimated net value of the house and come up with a division of the assets that is fair.

How the CDFA Process Works

Attorneys are trained in the law. A Certified Divorce Financial Analyst® — a divorce financial analyst trained specifically in the money side of divorce — focuses on the financial mechanics, including how taxes change what a settlement is really worth.

Initial consultation ($100)

A one-hour conversation to understand your situation — income, assets, the length of your marriage, and what support is on the table.

After-Tax Modeling

We translate gross support figures into what each household actually keeps, so you're negotiating with real numbers instead of pre-2019 assumptions.

Support vs. Property Comparison

Keith works directly with your attorney — or as a neutral party in collaborative divorces — to support fair, informed negotiation.

Long-Term Projection

We model what your settlement looks like 5, 10, and 20 years out — not just at the moment the ink dries.

Austin Divorce Planners works with clients throughout Austin, Cedar Park, Round Rock, Georgetown, Leander, Pflugerville, San Marcos, and across the rest of Texas through virtual consultations — so you can get divorce financial planning help wherever you are in the state.

 

About Keith PowellKeith Powell is a Certified Divorce Financial Analyst® (CDFA®) and Certified Financial Planner® (CFP®) with over 30 years of experience. Austin Divorce Planners is one of only a handful of Texas firms focused exclusively on divorce financial planning, with a strong focus on serving women throughout Texas. Serving all of Texas, including Austin, Dallas–Fort Worth, Houston, San Antonio, Waco, and beyond.

Frequently Asked Questions: Alimony & Taxes in Texas

The questions Keith hears most often from clients navigating support in a 2026 divorce.

Is alimony tax deductible in Texas in 2026?

No. For any divorce or separation agreement executed after December 31, 2018, alimony and court-ordered spousal maintenance are not deductible for the paying spouse and are not taxable income for the receiving spouse. This applies to all Texas divorces finalized in 2026.

Didn't the 2017 tax law expire after 2025?

Several of the TCJA’s individual provisions were scheduled to sunset after 2025, which is why many people expected alimony rules to revert. The alimony provision, however, was written as a permanent change and was never part of that sunset. For 2026 and beyond, the post-2018 treatment stands.

My divorce was finalized before 2019. Which rules apply to me?

Agreements executed on or before December 31, 2018 are grandfathered under the old rules — alimony remains deductible to the payer and taxable to the recipient. Be careful, though: modifying that older order can switch it to the new treatment if the modification expressly says the new rules apply.

How much spousal maintenance can a Texas court order?

Court-ordered maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income, under Texas Family Code § 8.055. Courts do not automatically award the maximum — the amount is tied to the recipient’s minimum reasonable needs, and eligibility itself is limited.

What's the difference between spousal maintenance and contractual alimony?

Court-ordered spousal maintenance is limited by statute — strict eligibility, a dollar cap, and duration limits. Contractual alimony is a voluntary agreement written into the decree, with no caps or eligibility rules, often used to balance the property division. Both receive the same federal tax treatment for post-2018 agreements.

Should the tax change affect how I negotiate?

Yes. Because the payer no longer gets a deduction and the recipient no longer pays tax, the after-tax value of every support dollar has shifted. Numbers based on pre-2019 assumptions are no longer accurate — which is why modeling support and property on an after-tax basis before you agree to anything is so important.

Do I need a divorce financial planner if I already have a divorce attorney?

Attorneys provide legal advice and draft agreements. A divorce financial planner or CDFA helps analyze the long-term financial impact of settlement options, including taxes, retirement accounts, spousal maintenance, and future cash flow.

Related Reading for Your Texas Divorce

Support is only one piece of the settlement. Explore the related financial issues that often move alongside it.

Spousal Support in Texas

How spousal maintenance works, who qualifies, and how Texas courts approach it.

Asset Division in Texas

Community property rules and strategies for a fair, after-tax division of assets.

Pension Calculations

Why a pension’s true value rarely matches the statement — and how it’s divided.

Post-Divorce Budget Planning

What your finances look like going forward, on one income.

This article is for educational purposes only and is not legal or tax advice. Tax treatment depends on your specific facts and can change. Texas Family Code provisions are summarized here for general understanding. Please consult a qualified attorney and a tax advisor about your individual situation before making any decisions.
Austin Divorce Planners | Serving All of Texas
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