As I read this and the comments by
@Opus 17 &
@Carl , I see the situation slightly different. To me it is a legal document that allows you to enforce collection of your share of the marital estate. When you collect your share of the proceeds owed to you , it is your money and after tax as such. Thus I see no reason for any tax. It is not different than if the house was sold time of divorce and you were paid your share -- not a taxable event. However, you would still need to consider your original basis -- say you bought the house for 400,000 and your ex sell the house for 500,000 and pays you 50% of the proceeds ---$250,000. Then you have a gain of 50,000 that may be taxable ( depending on the timing of the sale) -- a capital gain . On the other hand if the divorce agreement says that your ex has to pay you $250,000 and he just pays that to you at some time in the future, then it may or may not be a capital gain. Suggest you consult a tax professional when you receive the payment.
