Is Alimony Tax Deductible?

Not all alimony payments automatically qualify as being tax deductible. There are seven different requirements that the IRS has for taxpayers who want to deduct payments they make for alimony. Payments should be in cash or check. You cannot give assets that equal the value of your payment if you want them to be tax deductible. You must make payments with cash or check.

Next, Do not list alimony as child support or part of a settlement. Child support payments are never tax deductible, so listing your alimony payments as part of child support could cost you big-time on deductions. The same goes for marital property division. Designate payments as tax-deductible on your documents. All of your payments should be made according to the terms of your divorce documents. All you need to do is make sure that your documents state the exact amount you need to pay and describe it as spousal support, spousal maintenance or alimony. You should also make sure your documents label these payments as tax deductible by the payer.

Live apart from your ex. So long as you are still living with your ex, you cannot earn tax deductions for your alimony payments. Clarify that your payments end upon the recipient’s death. In most cases, you also have the right to cease payments upon the remarriage of the recipient. Don’t file your tax return jointly. This precludes you from deducting alimony payments on your return. Don’t pay extra. There are certain rules that the IRS has against front-loading your alimony, particularly within the first three years after separation. Excessive payments are subject to tax or recapture.

When Your Spouse Won’t Participate in Divorce

While you cannot force your spouse to show up for meetings pertaining to your divorce, you can use some legal strategies to strongly encourage the person’s attendance.

In a typical divorce, there will be plenty of paperwork, meetings and court appearances to work through. These meetings regularly occur until the divorce has concluded. For example, both spouses must attend depositions, mediation, temporary custody hearings, temporary support hearings, settlement conferences and, in some cases, a trial.

It can be incredibly frustrating to have your case delayed simply because your spouse refuses to participate. However, there are some divorce matters that simply cannot wait for a spouse to decide to show up. Custody and support hearings, for example, will not be canceled — even if one individual is not there. The only time these hearings might be rescheduled would be due to accidents or significant illnesses. If there are routine problems with your spouse failing to show up to your meetings, it’s possible you will get a favorable result right away at your custody hearing.

While you are under no obligation to remind your spouse of your divorce meetings, the courts will look on you favorably if you do so, at it shows you went the extra mile to ensure the process went as smoothly as possible. It also then reflects more poorly on your spouse, to miss the meetings even after getting reminders.