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THE TAX IMPLICATIONS OF ALIMONY

Alimony, taxes and tax deductions. Tax day recently came and went and with it, many Americans were thinking about what deductions they could list on their returns. The tax code seems to get more complicated every year, making it difficult for taxpayers to avoid paying more than they are legally obligated. Divorcees who pay or receive alimony or child support are particularly vulnerable to our complex tax laws and the risk of overpayment. In order to maximize their deductions, divorced taxpayers need to carefully analyze the rules governing spousal support payments. The tax implications of alimony are quite different, depending on whether you are on the paying or receiving end of the money.

TaxesTax Implications for Paying Alimony

Alimony payments are generally tax-deductible for the person paying the support. If you pay alimony to your ex-spouse, make sure that you list it as a deduction on your tax return. Note that certain other types of payments to an ex-spouse are not tax-deductible. These include child support payments, distributions of personal or real property, and mortgage payments on a house co-owned by the two ex-spouses (you can deduct half, but not all, of those mortgage payments). Make sure you keep separate records of your alimony and child support payments, so that you do not confuse them on your tax return.

Tax Implications for Receiving Spousal Support

If you receive spousal support payments, you should be aware that it is considered taxable income. You will want to factor in the alimony payments when you are trying to figure out which tax bracket you fall into, and plan accordingly. Failing to report alimony payments you have received on your tax return will likely result in an IRS audit, particularly since your ex-spouse is likely to deduct the payments on their own tax return. Mortgage payments made to third parties on your behalf are also considered taxable income. Child support payments, however, are not taxable, and neither are non-cash property settlements.

Divorce Decree Should Clarify Types of Payments

A divorce decree or marital settlement agreement is issued at the end of a divorce proceeding and spells out each party’s obligations. The decree or agreement will often clarify which payments qualify as spousal support (and are therefore tax-deductible) and which do not. In addition to child support, other payments that are not tax-deductible include money used to maintain the payer’s property or the simple use of the payer’s property. You should read the decree or agreement carefully in order to make a preliminary determination as to which payments are taxable or which may be tax-deductible, and make sure to comply with its terms.

What to Do if You Are Paying or Receiving Alimony

If you are planning to get divorced, you should contact a family law attorney immediately. If you have already been divorced and need help understanding the tax implications of spousal support payments, you should contact an experienced tax attorney. An attorney can review the facts of your case and provide you with advice and guidance regarding your concerns.

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