Who is responsible for taxes on alimony received?

Asked over 1 year ago - Lakeland, FL

My divorce settlement was written in a way that it doesn't specify that the money I'm paying her is alimony and the IRS has declined it as a tax deduction. The divorce was in Michigan.

Attorney answers (3)

  1. Gregory Thomas Buckley

    Pro

    Contributor Level 18

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    Lawyers agree

    Answered . The general rule is that alimony paid is deductible, while alimony received is considered income. The Final Judgment should have specified that the money being paid was to be considered alimony.

    If the understanding of all of the parties was that these payments were to be alimony, then it may be possible to ask the Court to clarify this and issue an Amended Final Judgment with the payments properly classified as alimony.

  2. Bruce Givner

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . If it is alimony, then it is taxable income. If the documents aren't clear, then you should make an agreement in writing. If you can't reach an agreement in writing, go to court and get a court order.

  3. Christopher Michael Larson

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If it isn't clear, they fall back to the implications of the terms. If the alimony mysteriously ends when the children turn 18, or cease to live with her, it looks a lot like child support. If they are in no way related to the children, and cease upon her death or something like that, then an argument can be made that they are alimony and you should get a tax attorney.

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Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Determining Ongoing Maintenance and Support

Ongoing maintenance and support comes in a variety of forms. The most common form is alimony, though it may also be a lump sum payment.

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