Are divorce payments tax deductible?

Alimony or separation payments are deductible if the taxpayer is the paying spouse. Receiving spouses must include alimony or separation payments in their income. You can deduct the amount of alimony payments even if you don't itemize deductions on your income tax return. Use the standard income tax return, IRS Form 1040, to claim the deduction.

You can't use Form 1040EZ or Form 1040A, which are simpler. You will need to provide your former spouse's social security number. If your alimony is deductible, you can deduct payments even without itemizing deductions on your tax return. Use IRS Form 1040 to claim your deduction, not Form 1040A or Form 1040EZ.

You must provide the social security number of the alimony recipient. The TCJA ended the tax-deduction benefit and reporting requirements for support until at least 2025 (or, after 2025) until Congress changes the law. The details of the actual amount of payment are the result of many factors, such as the length of the marriage and the conditions agreed upon by both parties or as a result of a court judgment of divorce. I recommend contacting a tax professional experienced in divorce tax matters sooner rather than later to get the best results for you.

Prior to the TCJA, you could deduct alimony paid under a divorce or separation agreement if certain conditions were met, while alimony received was treated as taxable income. Unlike child support payments, spousal support and contractual alimony (as they are known in Texas) are usually tax-deductible for the former spouse making the payments. The date of divorce or separation must appear on line 18b, and your former spouse's Social Security number must be entered on line 18c. The custodial parent will generally claim the dependent, but the custodial parent for tax purposes might not be the same person who has legal custody.

In addition, if an instrument of divorce or separation provides for alimony and child support, and the paying spouse pays less than the required total, the payments are first applied to child support. If you recently divorced and are making alimony payments to your former spouse, you may be wondering if your payments are tax-deductible. Senior Tax Return (Attach Schedule 1 (Form 1040), Additional Income and Income Adjustments PDF) When the IRS defines alimony, it also specifically excludes certain payments for not qualifying for alimony or separate support treatment. Linking alimony to other liabilities pertinent to your divorce or separation may declassify your alimony payments as tax-deductible.

Such payments represent non-deductible personal expenses for the payer and tax-free money for the payee. Determining whether you will have to pay alimony or spousal support in your Texas divorce is a critical question to ask yourself. Alimony, spousal support, or spousal support is the money that one spouse pays to the other after divorce or separation. If you need help filing for divorce or legal separation in Michigan, contact The Gucciardo Law Firm, PLLC.