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A $40,000 SALT cap identical for singles and married filers has some couples costing out a paper divorce

High-earning couples are weighing paper divorces or delayed marriage to claim a second $40,000 SALT deduction, Bloomberg reported. The cap reverts to $10,000 in 2030, so the saving has a fixed end date.

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Photograph accompanying A $40,000 SALT cap identical for singles and married filers has some couples costing out a paper divorce
Photo: bloomberglaw.com
Two couples' savings from skipping marriage papers Tax savings reported by two California couples registered as domestic partners, plus the SALT cap's 2026 income limit and its 2030 level.

A California couple registered as domestic partners saved $27,000 in taxes in 2025. Peter and his partner could pay up to $20,000 less federal tax a year filing as singles. The full SALT cap in 2026 needs MAGI of no more than $505,000. The cap reverts to $10,000 in 2030.

Two couples' savings from skipping marriage papers
FigureValueNoteClaim
California couple's 2025 tax saving$27,00021
Less federal tax a year for Peter and partner, up to$20,000Filing separately as singles19
Full-cap MAGI limit, 2026$505,0007
SALT cap from 2030$10,00010

What happened

  • Trump's tax cuts last year raised the cap from $10,000, and critics call the identical cap for single filers and married couples a marriage penalty.
  • Kovac, a 41-year-old Michigan technology manager, learned that separating legally and each filing as a single taxpayer would let him and his wife of 11 years deduct twice as much.
  • California lets couples register as domestic partners with spouse-like rights under state law, but the federal government does not treat them as married, so each can file separately for federal deductions.
  • A second California couple held a 120-guest vineyard wedding and registered as domestic partners instead of marrying on paper, and saved $27,000 in 2025, according to the source.

Why it matters

  • exposure According to CPA Richard Pon, couples who skip the marriage license have no guarantee of medical or property decisions without separate legal documents, and no automatic 401(k) inheritance or Social Security survivor benefit without estate planning.
  • constraint The full $40,000 goes only to itemizers whose deductions exceed the standard deduction and whose modified adjusted gross income is at or below $505,000 in 2026. Above that the cap shrinks, so the highest earners get less.
  • decision After the 2030 reversion the extra deduction from filing as two singles falls to at most $10,000, or $2,400 at 24%. That is a 75% drop from $9,600, so a couple restructuring must recover its legal costs while the $40,000 cap lasts.

The savings the couples report are larger than the second cap can produce (or rather, larger than it can produce at the one bracket the source mentions). Filing as two singles adds at most $40,000 of deduction [12]. At the 24% bracket in the source's own example, that is $9,600 of tax [13]. The example itself computes roughly $7,300 on a $30,400 deduction [8]. The figure Peter's family was shown, up to $20,000 a year [19], implies a 50% rate on that extra $40,000 [14]. The vineyard couple's $27,000 in 2025 [21] implies 67.5% [15], and at 24% it would take $112,500 of extra deduction to reach it [16]. The source does not give these couples' brackets or itemize their figures. We think the second cap is part of the saving and other lines of the return supply the rest. A breakdown that reaches $20,000 or $27,000 through the SALT line alone would prove us wrong.

Peter said the objection came first: "At first the reaction was, why go through all this trouble, isn't this over-optimizing?" Then, he said: "But then you look at the numbers and the conclusion becomes obvious." [20] Kovac, who is still deciding, asked the other question: "Would I really put money ahead of my family?" [4] He said the money is "for the kids' accounts, for tuition, for funding things." His wife, he said, is not yet fully convinced [5].

Ed Slott, an accountant at Rockland Center in New York, said divorce is a step few couples will take to cut their tax bill [22]. He said: "Some couples may push the wedding into the next year to capture one final year of tax savings, or to help pay for the wedding itself." [23]

We could be wrong in two directions. The source says the break depends on politics [11], so an extension past 2029 would lengthen the payback and make a paper divorce easier to justify. And if the extra savings come from other lines of the return, as we suspect, filing status matters more than the SALT line alone suggests. Our view is that it is a real planning variable for itemizers with large state and local tax bills, over a short run of years. We think Slott's forecast of few divorces and some delayed weddings is the better one. The evidence is anecdotes, and none of the couples in it has finished a divorce.

What to watch

  • A breakdown of the $20,000 and $27,000 savings: if the SALT line alone produces them, the thesis here is wrong.
  • Federal filing counts by status, showing whether single or domestic-partner returns rise among itemizers; flat counts would support Slott's forecast.
  • Any legislative change to the cap before 2030, since an extension lengthens the payback on a paper divorce.

Clarity's read

What the record supports and how the coverage leans. The claims behind it follow.

Reality

Evidence45
Adoption
Insufficient
Hype gap+35
Incentives
Insufficient
Confidence50
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Claim ledger

Ranked by verification strength, evidence, and original report placement.

  1. [1]

    President Donald Trump's tax cuts last year raised the SALT deduction cap to $40,000 from $10,000; itemizers can subtract up to $40,000 of property taxes and state and local income taxes from 2025 adjusted gross income, and because the cap is identical for single filers and married couples, critics call it a marriage penalty.

    ReportedSupportedSource: Bloomberg report, via en.sedaily.comView cited source
  2. [2]

    Bloomberg reported on the 12th that high-earning couples are weighing paper divorces or delaying marriage to cut their tax bills.

    ReportedSupportedSource: Bloomberg, via en.sedaily.comView cited source
  3. [3]

    Kent Kovac, a 41-year-old technology manager in Michigan, learned he and his wife of 11 years could save more by divorcing: by separating legally and each filing as a single taxpayer, the couple could deduct twice as much from their income.

    ReportedSupportedSource: Bloomberg, via en.sedaily.comView cited source

Sources

1 independent publisher whose own reporting we read for this story.

  1. en.sedaily.com

    1 article · October 12, 2026

    U.S. Tax Cut Creates Marriage Penalty, Pushing Couples to Split on Paper

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