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Important IRS Guidelines on Alimony

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This blog is less philosophical regarding divorce --but provides IRS Guidelines on whether a person may deduct spousal support/alimony payments made or, unfortunately, whether taxes are due on "income" received because such payments were received.  We are pleased to assist in interpreting these guidelines in your case, if that would be helpful to you.

You and your spouse do not file a joint return with each other.

You pay in cash (including checks or money orders).

The payment is received by (or on behalf of) your spouse or former spouse.

The divorce or separate maintenance decree or agreement does not say the payment is not alimony.

If legally separated under a decree of divorce or separate maintenance, you and your former spouse are not members of the same household when you make the payment.

You have no liability to make the payment (in cash or property) after the death of your spouse or former spouse.

Your payment is not treated as child support or a property settlement.

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