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at every stage of a divorce case particularly when writing a marital settlement agreement there is an opportunity to deal effectively with tax consequences and avoid tax traps in my book from keys and verts and divorce taxation we provide sample tax clauses that can be included in a marital settlement agreement these clauses will help to anticipate and control tax ramifications and avoid unintended consequences in routine and complex divorce cases for example consider whether to file jointly when married people are separated they have an option to file their income tax returns separately or jointly joint filing offers the lowest tax rates and allows them to pool their deductions but it may expose a spouse to audit risk and penalties if the other spouse takes deductions that are disallowed or fails to report income in a marital settlement agreement divorcing spouses may decide whether to file their final returns as a married couple jointly or not second consider allocating the risk of j