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Do I continue to deduct alimony from my taxes until a termination order is issued?

Los Angeles, CA |
Filed under: Divorce Alimony

My ex-wife re-married in November 2012. There is currently an Income Withholding Order in place and alimony continues to be sent to her. A court date has been set for late March 2013. I have requested the alimony be terminated and that she refund the overpayment of alimony monies. (Dec 12 - Mar 13).

Can I claim the alimony deduction for the whole year of 2012, until the termination order is issued, or do I only claim alimony payments made through November 2012?

Attorney Answers 3


  1. Best answer

    You can claim the deduction lawfully because you actually paid it and add that to your income in 2013. This would be the best approach.


  2. You can claim the entire deduction because you paid it in 2012. If the termination order issued retroactively, you may have to include the refunded payments on your 2013 tax return.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is philsmithjr@worldclasslawyers.com.


  3. You are entitled to deduct as long as there is a court order.

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