
Whether you need help with navigating the tax implications of a separation, planning your estate, or seeking advice on Capital Gains Tax, George is here to guide you.
When to Seek Tax Advice:
Tax advice during divorce and separation:
Divorce is not just a legal process; it has significant and often overlooked tax consequences. From property transfers to pension sharing and business interests, the way assets are structured can affect your tax position for years to come. We work alongside our family law team to ensure your settlement is not only fair, but tax efficient.
Tax Issues we advise on During Divorce:
When to Seek Tax Advice:
Working alongside our wills and probate team we provide strategic IHT advice covering thresholds, reliefs, trusts and gifting to help protect your estate and pass more on to those you care about.
Common struggles:
How we simplify it:
Why choose us:
Disposal of property, shares or business assets — including those transferred in a divorce — can trigger a CGT liability. We help you understand and manage your exposure. In divorce cases, timing is critical. Changes to Capital Gains Tax rules mean that transfers between spouses are no longer always tax-neutral after separation. Acting too late can create avoidable liabilities.
Common struggles
How we simplify it
Yes — and sooner than most people realise. Divorce and separation can trigger a range of tax consequences, including Capital Gains Tax, Stamp Duty Land Tax and income tax implications, depending on how assets are divided. The structure and timing of your settlement can make a significant difference to the tax outcome for both parties. Taking advice early — ideally before negotiations are concluded — gives you the most options.
Not necessarily. Transfers of the family home between separating spouses used to be treated as tax-neutral, but the rules have changed. Since April 2023, the window during which transfers can be made without a CGT charge has been extended, but it is not unlimited. The timing of the transfer, whether Private Residence Relief applies, and whether the property has been let out at any point all affect the tax position. We can advise you on the most tax-efficient way to handle the family home as part of your settlement.
Investment properties do not benefit from Private Residence Relief, so a CGT liability is likely to arise on any transfer or sale as part of the divorce settlement. We can calculate your exposure accurately, advise on available reliefs, and help you structure the disposal in the most tax-efficient way possible.
Pension sharing orders are generally not subject to income tax or CGT at the point of transfer. However, the tax treatment of the pension fund once it is in payment, and the broader impact on both parties’ long-term financial position, is something that should be considered as part of overall divorce tax planning.
Yes — the tax treatment differs. Spousal maintenance payments are generally paid from taxed income and are not tax deductible for the payer, nor taxable as income for the recipient. A capital lump sum settlement, on the other hand, may have CGT implications depending on the assets involved. The right structure will depend on your individual circumstances, and we can help you understand the implications of each option before you agree to anything.
Stamp Duty Land Tax (SDLT) can apply to property transfers in a divorce, even where no money changes hands, if there is an outstanding mortgage on the property being transferred. The party taking on the mortgage liability may be treated as having paid consideration equal to the amount of the debt assumed, which can trigger an SDLT charge. This is a frequently overlooked area and one where early advice can avoid an unexpected bill.
Yes — post-divorce tax planning is still valuable. Once the settlement is in place, we can help you review your overall tax position, consider how best to hold and manage any assets you have retained, and ensure your will and estate planning reflects your new circumstances. It is never too late to take control of your tax position.
CGT arises when you sell or transfer an asset, including property, shares or business assets, that has increased in value. Early advice can significantly reduce your liability, particularly in divorce situations.
No. Rising property values mean many ordinary families now face an unexpected IHT liability. We help you understand your exposure and put a plan in place to protect your estate.
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