Yes, the answer may work for your situation. In your question you state "I started the QDRO process, which is supposed to take effect in February." The key is when the official start date, as indicated by the court documents, was set to begin. Any payments you made as required by the documents, would be considered the income of your ex-spouse. The remainder would be your taxable income.
There is one more option which is to nominee the portion that belongs to your ex-spouse by using the information below. The nominee action is a normal process. The red copy should go to the IRS, but they won't turn it away if you send a black copy.
There are steps here for you to review if you choose.
Nominee returns.
Generally, if you receive a Form 1099 for amounts that actually belong to another person or entity, you are considered a nominee recipient. You must file a Form 1099 with the IRS (the same type of Form 1099 you received). You must also furnish a Form 1099 to each of the other owners.
File the new Form 1099 with Form 1096 (this is a transmittal for the 1099) by mailing to the Internal Revenue Service Center for your area. (Provided on the Form 1096)
- On each new Form 1099, list yourself as the payer and the other owner, as the recipient. On Form 1096, list yourself as the nominee filer, not the original payer. The nominee is responsible for filing the subsequent Forms 1099 to show the amount allocable to each owner.
You can go to the IRS website using the links below for the necessary forms.
This clearly indicates the income to be reported by each. You should use the instructions noted, and placed here for your convenience, to remove the income from your return that belongs to your ex-spouse.
- In TurboTax use Less Common Income> Other Reportable Income. In that section you can put in a description (1099-R QDRO portion) and the amount as a negative amount (example -200).
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