What Alimony Is Not Deductible?

5.0 rating based on 108 ratings

Starting with the 2019 tax return, alimony payments are no longer tax-deductible for certain people. According to the Tax Cuts and Jobs Act P. L. 115-97, alimony is neither deductible for payers nor can it be included as income. Alimony or separate maintenance payments relating to divorce or separation agreements dated January 1, 2019, or later are not tax-deductible by the person paying the alimony. The person receiving the alimony must include the payments in their gross income.

For divorce agreements executed on or before December 31, 2018, alimony payments are taxable to the recipient and deductible by the payer. If this applies to you, be sure to include your alimony payments in your gross income. Alimony payments used to be considered taxable income by the Internal Revenue Service (IRS), while for the payer, they were a deductible expense. Alimony doesn’t affect your taxes if you got divorced after 2019. Otherwise, alimony payers can deduct payments and recipients must report alimony as taxable income.

Alimony payments from divorces finalized on or after January 1, 2019 are neither deductible nor taxable. Child support payments are not deductible or taxable. Alimony payments, whether made monthly, annually, or as a one-time lump sum, are considered a personal obligation and are not tax-deductible for the payer. Starting January 1, 2019, alimony or separate maintenance payments are not deductible from the income of the payer spouse, or includable in the recipient spouse’s income if paid.

It is possible, under certain conditions, for alimony to be compensatory. As of January 1, 2019, alimony payments will no longer be tax-deductible to the payor associated with divorce and separation agreements. Alimony payments are not tax-deductible for the person living with their spouse or former spouse, and payments must be made after physical separation for them. Alimony is no longer tax-deductible or can be included as income on tax returns if your divorce agreement was finalized as of 2019.

Useful Articles on the Topic
ArticleDescriptionSite
Is alimony tax-deductible? – MintAlimony payments, whether made monthly, annually, or as a one-time lump sum, are considered a personal obligation and are not taxdeductible for the payer.livemint.com
Is alimony tax deductible?The IRS states that you can’t deduct alimony or separate maintenance payments made under a divorce or separation agreement executed after 2018.jacksonhewitt.com
Divorce or separation may have an effect on taxesBeginning January 1, 2019, alimony or separate maintenance payments are not deductible from the income of the payer spouse, or includable in …irs.gov

📹 Is Alimony Tax Deductible?

Is alimony tax deductible? Is it considered income? Florida attorney Sergio Cabanas discusses whether alimony is taxable to the …


What Is Not An Example Of Deductible Alimony
(Image Source: Pixabay.com)

What Is Not An Example Of Deductible Alimony?

Alimony payments must be made in cash or by check to qualify for tax deductions, while in-kind payments, such as transferring ownership of a car, are non-deductible. Payments should adhere to official divorce-related documents—like settlement agreements, court orders, or divorce judgments. Since January 1, 2019, alimony payments are no longer tax-deductible for the payer or taxable for the recipient. For divorce agreements before this date, alimony could be deductible for the payer and taxable for the recipient.

Taxpayers have the option to choose the treatment of alimony payments, either as deductible and taxable or similar to child support if specifically elected. Property transfers in lieu of alimony do not qualify for deductions, and such transfers are viewed by the IRS as property settlements. Payments made for temporary support and lump-sum alimony also do not guarantee deductibility. Additionally, mortgage payments related to marital property are not considered deductible alimony.

Child support is completely separate from alimony; it neither incurs tax for the recipient nor is deductible by the payer. Overall, under recent tax rules, alimony’s tax treatment has changed significantly, emphasizing the need for informed financial planning following a divorce. Properly structured agreements are vital for compliance and ensuring appropriate tax treatment.

Are Mortgage Payments Considered Alimony
(Image Source: Pixabay.com)

Are Mortgage Payments Considered Alimony?

Spouse B is responsible for mortgage payments, real estate taxes, insurance, repairs, and utilities for a home they own. These payments are not classified as alimony since Spouse B holds the ownership and debts. The value derived by Spouse A from using the home also does not count as alimony. For tax purposes, mortgage payments are generally excluded from being considered alimony. However, should one spouse be required to pay a mortgage on a jointly owned home or do so out of necessity, the IRS permits partial deduction of that payment as alimony if it would have replaced alimony payments. Alimony can include payments made to third parties for attorney fees, tuition, and other expenses, like medical bills or mortgage payments on behalf of the former spouse.

When applying for a mortgage, both alimony and child support may be reported as income, provided the recipient demonstrates a history of timely payments for at least six months. Lenders may inquire whether reported income is from alimony or related payments. Furthermore, while the interests of alimony and child support in refinancing or securing loans vary by lender, general eligibility principles often apply.

Notably, if one party pays the mortgage interest on property co-owned with the ex-spouse, those payments might be categorized separately, affecting tax implications. Overall, complexities arise regarding how alimony interfaces with mortgage eligibility and obligations, with close attention required to the cases' specifics and court mandates.

Does The IRS Know When You Get Divorced
(Image Source: Pixabay.com)

Does The IRS Know When You Get Divorced?

After a divorce, it is crucial to inform the IRS of your change in filing status, as the agency has three years to audit your finances from the date of divorce. The IRS relies on information from the Social Security Administration and does not automatically know about your marital status. If your divorce is finalized within the year, you are considered divorced for the entire tax year. This status affects your filing requirements, deductions, and eligibility for specific credits.

You must submit your tax return with an updated filing status, typically as Single or Head of Household, and provide necessary documentation. Following a divorce, you should also file a new Form W-4 with your employer to adjust your tax withholding accordingly.

The IRS does not track all court proceedings, so it is the taxpayer's responsibility to report their marital status accurately when filing taxes. If you are divorced by the last day of the year, you cannot file as married. Your filing status influences your tax obligations significantly, determining the amount owed and eligibility for credits. The judge is obligated to report inconsistencies concerning divorce to the IRS, emphasizing the importance of proper documentation during tax time. Overall, it is essential to understand how divorce impacts taxes and to ensure compliance by keeping the IRS informed of your marital changes.

What Qualifies As An Above-The-Line Deduction
(Image Source: Pixabay.com)

What Qualifies As An Above-The-Line Deduction?

Common above-the-line deductions, also known as adjustments to income, reduce your gross income when calculating your adjusted gross income (AGI) on tax returns. These deductions include the employer-equivalent portion of self-employment taxes, health savings account (HSA) contributions, health insurance premiums, IRA contributions, and contributions to qualified retirement plans like 401(k)s. Additionally, educators can deduct certain out-of-pocket classroom expenses up to $300 ($600 for married couples filing jointly).

Above-the-line deductions are beneficial as they are available to all taxpayers regardless of income limits, making them easier to claim on Schedule 1 of Form 1040. They allow you to lower your taxable income before applying the standard deduction or itemized deductions. Common examples include retirement contributions, student loan interest, healthcare expenses, and business expenses. Taxpayers can take advantage of these deductions without the need to itemize, enhancing the opportunity to lower their tax burden. Ensuring you’re aware of all available credits and deductions can help you maximize your tax savings during tax season.

When Did Alimony Become Non-Deductible
(Image Source: Pixabay.com)

When Did Alimony Become Non-Deductible?

Before 2019, alimony payments were tax-deductible for the payer and taxable for the recipient. This changed with the Tax Cuts and Jobs Act (TCJA), effective January 1, 2019, which eliminated these tax benefits for divorce agreements executed after December 31, 2018. Under the new law, alimony payments are neither deductible by the payer nor considered taxable income for the recipient. This significant shift means individuals who pay alimony post-2018 cannot deduct those amounts from their taxable income, while recipients will not report these payments as income.

Existing agreements made prior to 2019 remain unaffected, allowing the usual tax treatment to continue for those payments. However, for any agreements finalized after the end of 2018, the payer loses the deduction benefit, and the recipient gains by not being taxed on the alimony received. This change marks the end of a longstanding practice in tax law, impacting all new alimony agreements. According to the IRS, any alimony payments that fall under divorce or separation agreements executed after 2018 will follow this revised treatment, fundamentally altering the tax implications for divorcing couples.

Which Of The Following Is Not An Itemized Deduction Alimony Paid
(Image Source: Pixabay.com)

Which Of The Following Is Not An Itemized Deduction Alimony Paid?

You cannot deduct alimony or separate maintenance payments from a divorce or separation agreement executed after 2018 or before 2019 if modified to include the repeal of the alimony deduction. Alimony paid is not classified as an itemized deduction. Considering multiple-choice options, the following are itemized deductions: medical expenses, real estate taxes, and charitable contributions. Itemized deductions are specific expenses deductible from taxable income instead of opting for a standard deduction.

For alimony, the requirements include that payments must be in cash and cease upon the recipient's death. Alimony payments made after January 1, 2019, are not deductible by the payer. Distinctively, alimony paid is notably excluded from itemized deductions compared to medical expenses or property taxes. The significant distinction is that itemized deductions are designed to lower taxable incomes more specifically than general deductions.

Thus, when evaluating which is not allowed for itemization, alimony paid ranks as non-deductible, while all other options listed remain valid itemizable expenses affecting individual tax returns and obligations.

What Amount Of The Payments To Susan Can Bobby And Claudia Deduct As Alimony On Their 2024 Federal Income Tax Return
(Image Source: Pixabay.com)

What Amount Of The Payments To Susan Can Bobby And Claudia Deduct As Alimony On Their 2024 Federal Income Tax Return?

The payments made to Susan by Bobby and Claudia do not qualify as deductible alimony. A portion of these monthly payments, specifically $300, is designated as child support. Due to the ongoing obligation to continue payments after Susan's passing, the remainder of the payments fails to meet the criteria for deductible alimony. Therefore, no amount of the payments can be deducted on their federal income tax return for 2023. The options provided for potential deductions were $7, 200, $6, 000, $3, 600, or $0, and the correct choice is $0.

In addition, considerations around the basis in various investments indicate that individuals involved have different bases and fair market values for assets, which can influence potential deductions related to charitable contributions. Tax treaties, like those between the U. S. and other countries, aim to prevent double taxation on income. Furthermore, it is essential to understand the formal requirements of alimony to claim deductions, such as the necessity of official documentation in divorce or separation agreements.

Proper documentation ensures that alimony payments are identified as deductible by the payer and included as income by the recipient. Overall, both child support and the inability to deduct payments after death are key points in this tax situation.

Does Alimony Affect Social Security Benefits
(Image Source: Pixabay.com)

Does Alimony Affect Social Security Benefits?

Alimony can have a considerable effect on a divorced spouse’s Social Security benefits, particularly for individuals receiving Supplemental Security Income (SSI). When an ex-wife receives alimony, her SSI benefits may decrease, potentially leading to a total loss of these benefits if the alimony is substantial. Although alimony does not influence Social Security disability benefits, it is classified as unearned income by the Social Security Administration (SSA), impacting the monthly SSI payment.

Disability benefits can play a role in determining the amount of alimony awarded, while spousal support may affect how much Social Security benefits one receives. A judge may even order a portion of Social Security disability benefits to go directly to an ex-spouse as alimony. It’s crucial for individuals going through divorce to understand the implications of alimony on Social Security benefits and vice versa, especially concerning retirement planning, cash flow, and tax obligations.

Moreover, while alimony does influence SSI, receiving alimony will not lower the working spouse’s full Social Security benefits. In certain cases, it is important to discuss alimony and its effects on Social Security with legal professionals specializing in divorce. Understanding these dynamics helps navigate financial matters post-divorce.

Why Can'T I Deduct Alimony On My Taxes
(Image Source: Pixabay.com)

Why Can'T I Deduct Alimony On My Taxes?

Alimony and separate maintenance payments are no longer deductible on Federal returns if made under divorce or separation agreements executed after December 31, 2018, or modified later if the modification explicitly states the repeal of the deduction applies. According to the Tax Cuts and Jobs Act (TCJA), these payments cannot be deducted by payers, nor can recipients include them as taxable income. Therefore, individuals who finalize their divorces post-2018 will not see alimony as a tax-deductible expense; recipients do not report it as income.

However, if the divorce agreement was finalized before January 1, 2019, the alimony payments are still tax-deductible for the payer and taxable for the recipient. Advance payments must adhere to IRS rules against front-loading, and to qualify as deductible, cash-only payments must be indicated in the divorce agreement. The payer can’t deduct any alimony issued after 2018. While alimony payments are no longer deductible, divorced individuals may still explore other deductions and credits such as the Child Tax Credit. Consequently, if divorced after 2018, the payer cannot deduct payments, and the recipient won't report them as income, altering the tax implications for both parties.


📹 Are alimony or child support payments tax deductible?

Are alimony or child support payments tax deductible?


Freya Gardon

Hi, I’m Freya Gardon, a Collaborative Family Lawyer with nearly a decade of experience at the Brisbane Family Law Centre. Over the years, I’ve embraced diverse roles—from lawyer and content writer to automation bot builder and legal product developer—all while maintaining a fresh and empathetic approach to family law. Currently in my final year of Psychology at the University of Wollongong, I’m excited to blend these skills to assist clients in innovative ways. I’m passionate about working with a team that thinks differently, and I bring that same creativity and sincerity to my blog about family law.

About me

Add comment

Your email address will not be published. Required fields are marked *

Divorce Readiness Calculator

How emotionally prepared are you for a divorce?
Divorce is an emotional journey. Assess your readiness to face the challenges ahead.

Tip of the day!

Pin It on Pinterest

We use cookies in order to give you the best possible experience on our website. By continuing to use this site, you agree to our use of cookies.
Accept
Privacy Policy