Can I deduct legal fees from my divorce appeal?

Q: I am divorced but appealing the property division portion of the ruling. Are the legal fees associated with the appeal deductible? --Rich, Quincy

The following answer was provided by Mark Misselbeck, CPA, Levine Katz Nannis & Solomon PC, Needham.

A: Sorry, but a divorce action is personal in nature, therefore no part of legal fees (other than for tax advice) are deductible for federal income tax purposes. Any tax advice component would be claimed only if you itemize your deductions as a miscellaneous itemized deduction.