{"id":353958,"date":"2022-08-19T07:44:42","date_gmt":"2022-08-19T12:44:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/tax\/federal-taxes\/marriage-tax-penalty.html"},"modified":"2026-03-23T10:38:34","modified_gmt":"2026-03-23T15:38:34","slug":"marriage-tax-penalty","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/tax\/federal-taxes\/marriage-tax-penalty.html","title":{"rendered":"When Married Couples Need a Tax Attorney"},"content":{"rendered":"\n
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When Married Couples Need a Tax Attorney<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Married couples may need a tax attorney when dealing with substantial assets, shared business interests, multi-state income, divorce, or complex estate planning. A tax attorney can help navigate filing status decisions, minimize tax liability, and ensure compliance with federal and state tax laws. Professional guidance is especially important for couples with inheritances, international income, or business ownership.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Most married couples<\/span> file taxes jointly. This is the easiest way for them to ensure they receive the\u00a0tax breaks<\/span>\u00a0and\u00a0itemized deductions<\/span>\u00a0they both qualify for in the\u00a0current\u00a0tax year<\/span>. In situations where couples have substantial assets, shared business interests, or other complex financial issues, they may need to consult a tax attorney to ensure they do everything right.<\/p>\n

How do couples know when they need professional advice? This guide gives you some helpful pointers on when and why to talk to a tax professional<\/span><\/a> before filing your annual tax returns<\/span>.<\/p>\n

Before the Beginning: Tax Penalties and Tax Cuts<\/h2>\n

When the IRS<\/span> first applied the federal tax code to married couples<\/span>, dual-income couples who filed jointly faced\u00a0higher <\/span>tax<\/span> rates<\/span>\u00a0due to their higher incomes<\/span>. This so-called \u201cmarriage tax penalty\u201d added an unwelcome burden to being married.<\/p>\n

Congress tried several fixes for this issue, such as widening the tax bracket<\/span> for single <\/span>taxpayers<\/span> filing as \u201chead of household<\/span>\u201d while keeping the bracket the same for married taxpayers<\/span>. The Child Tax Credit<\/span> offered some tax breaks<\/span> for taxpayers<\/span> with dependents<\/a>.<\/p>\n

Things did not change substantially for married taxpayers<\/span> until Congress passed the Tax Cuts and Jobs Act<\/span><\/a> (TCJA) in 2017. This tax reform law equalized most tax rates<\/span> by making the tax rates<\/span> for married couples<\/span> filing jointly<\/span> the same as those for both spouses filing separately. A marriage penalty<\/span> may still exist for some high-income couples, particularly those earning over $600,000 combined, and in certain situations involving itemized deductions<\/span> or credits that phase out at lower income levels for married couples<\/span>.<\/p>\n

Some tax penalties were not affected by the TCJA. For example, certain itemized deductions<\/span> are only available once. Spouses\u2019 tax liability<\/span> for their mortgage interest<\/span> is the same regardless of how they file.<\/p>\n

For most spouses, the standard deduction<\/span> is sufficient to offset any penalties. Those in higher <\/span>tax<\/span> brackets<\/span> might not have as many advantages. Either way, read on for tips that may prove beneficial.<\/p>\n

The Pre-Nuptial Financial Checkup<\/h2>\n

Prenuptial agreements<\/a> are increasingly common for soon-to-be-weds, regardless of their total combined income<\/span>. Couples should consult a family law attorney<\/a> before writing or signing such an agreement. In most states, a prenup is not valid unless each spouse has spoken to their own counsel.<\/p>\n

For tax purposes, newlyweds<\/span> may want to include a tax attorney in their prenup review if either or both of them have any of these issues:<\/p>\n