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Alimony, Pendente Lite and Taxes

Jersey City, NJ |

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!

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Attorney answers 1


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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