Brian D. Perskin & Associates

Should You File for Divorce during the Holiday Season?

The decision to divorce your spouse is a big one, especially if made during the holiday season. This time of year, while usually joyous, can become stressful when coupled with a divorce filing. Should you wait to file for divorce until after the holiday season?

Holiday Season Interruptions

The holiday season is chock full of celebrations and tradition. These will be interrupted if you file for divorce during the holidays. Family gatherings will become a breeding ground for nosy relatives, asking what happened and offering unsolicited advice.

There is a lot of tension involved in divorce, and it makes keeping up with holiday traditions difficult. Will filing for a divorce in November or December will put a damper on the holidays for your children? Every child copes with divorce differently, but if you do file, there are ways to make the holidays easier for your kids.

Holding Out Hope

Many couples refrain from filing for a divorce until January, hoping that the holidays will reignite the spark they once had. This isn’t always the best idea. The holiday season is stressful enough, without having a strained marriage thrown into the mix.

Your relationship may feel stronger after the New Year, but it is unlikely it was actually repaired. The warm, fuzzy feelings you have after the holidays may be masking the underlying issues that made you want to file for divorce in the first place.

Financial Perks to Waiting

There are financial benefits to waiting to file for divorce until after the holidays. In New York, any income or assets earned before the filing date are considered to be marital assets. This means that they are subject to equitable distribution during your divorce case. Year-end bonuses may count during your divorce.

Your taxes will be effected regardless of when you file for divorce, however, when you file will impact your filing status. There are countless tax implications that are associated with divorce, so it is crucial you discuss your situation with an experienced divorce attorney prior to filing. For instance, any child support or alimony payments you may receive will impact your taxes, as well as any refund you may receive.

Beat the Rush by Filing Now

Many New Yorkers wait until after the first of the year to file for divorce. This is why January is known as Divorce Month. You can beat the rush by filing for divorce during the holiday season, however, it is important to stress that you will not be divorced by the end of the year.

There is no right or wrong answer asking whether or not you should file divorce during the holiday season. It depends on what is best for your family. If you get along well with your spouse, you may want to wait until January to move forward. Alternatively, if you are in an unhealthy or abusive marriage, you need to file for divorce as soon as possible.

For more information on New York divorce cases, contact the family firm of Brian D. Perskin & Associates P.C. With over forty years of combined experience, our team of attorneys have extensive experience handling complex divorce matters, and are eager to help you. Call 718-875-7584 to schedule your free consultation today!