Taxing Alimony

According to US law, alimony is taxable. Payments must be included in the recipient’s gross income, although they can be excluded from the payer’s gross income. The IRS allows the payer to write off any alimony paid as a tax deduction.

To learn more about alimony, call the experienced San Diego divorce lawyers of Fischer & Van Thiel, LLP today at 760-722-7646.Let us put our years of family law experience to work for you.

What Defines Alimony?

According to the IRS, alimony is defined by the following six criteria:

  • The payment is in cash
  • You and your spouse file separate tax returns
  • The divorce papers fail to specifically define the payments as not being alimony
  • You and your spouse do not share a residence
  • There is no obligation to continue payments after your spouse’s death
  • The payment is not considered child support

Child support is not deductable. Noncash settlements (such as property) are not considered alimony, nor are payments which are not required by the terms of the divorce settlement. It is not required to itemize deductions in the case of alimony payments.

Contact Us

If you have any questions about alimony or its tax status, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP, by calling 760-722-7646.

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