Alimony, Pendente Lite and Taxes

Is voluntary and court ordered pendente lite tax deductible for the payer? I separated in January 2010 and have been paying my spouse since. If not, can I claim it as a gift? I need some help!

Jersey City, NJ -

Attorney Answers (1)

Ronald Glenn Lieberman

Ronald Glenn Lieberman

Family Law Attorney - Haddonfield, NJ
Answered

It depends upon how the pendente lite order classified the payments. Unallocated support payments can be considered all alimony, under one tax case called Kean v. Commissioner, IRC. You need to speak to a certified public accountant for tax advice and information, though.

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