Alimony

Is Alimony Taxable?

Alimony, also known as spousal support, is a payment made to a former spouse following a divorce or legal separation. Whether alimony is taxable depends on when the divorce or separation agreement was executed and any subsequent modifications. Understanding the IRS rules regarding alimony can help you accurately report income or deductions on your tax return.

What is Alimony?

Alimony refers to payments made by one spouse to another under a divorce or separation agreement. These payments are typically intended to provide financial support to the recipient spouse. To qualify as alimony for tax purposes, payments must meet specific criteria set by the IRS.

Alimony Tax Rules Based on Agreement Date

The tax treatment of alimony depends on the date the divorce or separation agreement was finalized:

  • Agreements Executed Before January 1, 2019: For agreements finalized before this date, alimony is taxable to the recipient and deductible for the payer.
  • Agreements Executed After December 31, 2018: For agreements finalized on or after this date, alimony is neither taxable to the recipient nor deductible for the payer. This change was introduced by the Tax Cuts and Jobs Act (TCJA).

Criteria for Alimony to Be Taxable

For payments to be considered alimony under pre-2019 agreements, they must meet the following criteria:

  • Payments must be made in cash or its equivalent (e.g., checks or money orders).
  • Payments must be made under a divorce or separation agreement.
  • The payer and recipient must live apart after the divorce or separation.
  • Payments must end upon the death of the recipient.
  • Payments cannot be designated as non-alimony in the agreement.

Non-Alimony Payments

Certain payments are not considered alimony and are not taxable or deductible, including:

  • Child support payments.
  • Non-cash property settlements.
  • Payments for the upkeep of jointly owned property.
  • Payments specified as non-alimony in the divorce agreement.

How to Report Alimony on Your Tax Return

If your divorce agreement qualifies for pre-2019 alimony tax rules:

  • Recipient: Report alimony received as income on Form 1040, Schedule 1, "Additional Income and Adjustments to Income."
  • Payer: Deduct alimony payments on Form 1040, Schedule 1.

For post-2018 agreements, no reporting of alimony is required since it is neither taxable nor deductible.

Tips for Managing Alimony Payments

  • Maintain clear records of all alimony payments, including dates and amounts.
  • Ensure that the divorce or separation agreement clearly outlines the nature of the payments.
  • Consult a tax professional if your agreement has been modified after December 31, 2018, as this may affect the tax treatment of alimony.

Special Considerations

If the alimony agreement is modified after December 31, 2018, and the modification explicitly states that the new rules apply, the updated agreement follows the post-2018 tax treatment (non-taxable and non-deductible).

Recommended Reading

FAQs

Is alimony taxable income?

keyboard_arrow_down

Alimony is generally considered taxable income for the recipient and deductible for the payer, according to the tax laws in effect prior to the Tax Cuts and Jobs Act (TCJA) of 2017. However, for divorces finalized after December 31, 2018, alimony payments are no longer deductible by the payer and are not taxable to the recipient. It's important to review the specific terms of the divorce agreement and consult with a tax professional to understand how these rules apply to individual situations.

Is alimony considered taxable for the recipient?

keyboard_arrow_down

Yes, alimony received is considered taxable income for the recipient under the tax laws that applied to divorce agreements finalized before 2019. However, for divorces finalized after December 31, 2018, alimony is not taxable for the recipient nor deductible for the payer.

Is alimony taxable income for the payer?

keyboard_arrow_down

Yes, alimony payments are generally considered taxable income for the recipient and deductible for the payer if the divorce or separation agreement was finalized before January 1, 2019. For agreements made after that date, alimony is no longer deductible by the payer or taxable to the recipient.

Is alimony considered taxable income for the recipient?

keyboard_arrow_down

Alimony received by the recipient is generally considered taxable income and must be reported on their tax return. However, for the payer, alimony payments are typically tax-deductible, subject to specific conditions.

Is alimony taxable for the person who receives it?

keyboard_arrow_down

Alimony received is generally considered taxable income for the recipient. This means that the recipient must report it on their tax return and pay taxes on it.

Explore what you can do with Otto