Court has not granted the divorce yet but I paid a one time lump sum alimony of $75K in 2012 according to a written agreement with my wife. Can I deduct this for 2012 even though court has not finalized the divorce yet? Can we both file together as 'Married' and still deduct this $75K alimony ?
You should consult with a certified public account regarding your taxation issues. Usually you cannot claim alimony as a deduction if you are filing as a married couple. In addition, lump sum alimony payments are not treated as taxable income when negotiated in an agreement. However you should carefully review the language in your agreement with a qualified family law attorney. Good luck.
Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always check the laws in their home jurisdiction. An attorney-client relationship is not intended or established through provided responses.
Attorney Reinert gave you outstanding advice, the devil is in the details in this question and the separation should discuss it, if not then please chat with you CPA, take care.
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By definition I believe Alimony is deductible and taxable to recipient
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