Finan Family Law, APC | Torrance Longshoreman Divorce Attorney
If you are a longshoreman going through a divorce in California, tax season can quickly become another battleground.
For ILWU members in Torrance, San Pedro, Wilmington, Long Beach, and throughout Los Angeles County, understanding how tax filings intersect with California family law is critical.
CAN YOU FILE JOINTLY DURING A DIVORCE IN CALIFORNIA?
If you are still legally married as of December 31 of the tax year, you may file:
- Married Filing Jointly
- Married Filing Separately
Filing jointly creates joint and several liability, meaning both spouses are responsible for accuracy, taxes owed, and potential audits.
WHAT IF YOUR SPOUSE REFUSES TO SIGN A JOINT RETURN?
You cannot force someone to file jointly. If your spouse refuses, you may need to file Married Filing Separately or seek court guidance within your family law case.
WHO CLAIMS THE CHILDREN IN A CALIFORNIA DIVORCE?
Generally, the custodial parent (the parent with more overnights) claims the child for tax purposes unless there is a written agreement or IRS Form 8332 signed.
For longshoremen with rotating schedules or shift work at the Port of Los Angeles or Long Beach, calculating overnights can become complicated.
WHAT ABOUT OVERTIME AND VARIABLE INCOME?
Longshoremen often experience:
- Overtime fluctuations
- Vacation payouts
- Pension contributions
- Variable annual income
Tax returns are frequently used to determine child support and spousal support. Accurate reporting is essential.
ARE TAX REFUNDS COMMUNITY PROPERTY?
In California, income earned during marriage is community property. Tax refunds attributable to marital income are typically community property, and tax liabilities incurred during marriage are generally community obligations.
WHAT ABOUT 1099 OR SIDE INCOME?
Some longshoremen receive additional income from:
- 1099 work
- Contracting
- Investments
- Rental property
Failure to disclose all income during divorce proceedings can result in support adjustments, sanctions, or attorney’s fees.
COMMON TAX MISTAKES LONGSHOREMEN MAKE DURING DIVORCE
- Filing jointly without reviewing the return
- Allowing a spouse to control the refund
- Ignoring allocation of tax debt
- Failing to adjust withholding after separation
- Not coordinating tax strategy with family law counsel
LONGSHOREMAN DIVORCE IN TORRANCE & THE SOUTH BAY
At Finan Family Law, APC, we represent longshoremen and ILWU members throughout Torrance, San Pedro, Wilmington, Long Beach, Carson, Redondo Beach, and Los Angeles County.
SCHEDULE A CONFIDENTIAL CONSULTATION
If you are a longshoreman facing divorce in California, tax decisions can impact your financial future. Strategic planning matters. Call Finan Family Law, APC at (424) 419-3067 or Click here to send us a request.
Finan Family Law, APC
Torrance Longshoreman Divorce Attorney
Serving the South Bay & Los Angeles County