Asked 4 months ago - Palo Alto, CA
FlagCourt 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 ?
The answer to your question really depends on what your agreement says. Spousal support is deductible if it is spousal support and meets certain criteria set forth in the IRS rules. An equalization payment is not tax deductible. I strongly suggest that you speak to your your lawyer to make sure that the proper language was included in your Judgment so that it is tax deductible. It might also be a good idea to read IRS Publication 504: http://www.irs.gov/pub/irs-pdf/p504.pdf Good luck.
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