LeonardS
Expert Alumni

Retirement tax questions

Alimony is a periodic predetermined sum awarded to a spouse or former spouse following a separation or divorce.

 

A payment is alimony  if all the following requirements are met:

  • The spouses don't file a joint return with each other;
  • The payment is in cash (including checks or money orders);
  • The payment is to or for a spouse or a former spouse made under a divorce or separation instrument;
  • The spouses aren't members of the same household when the payment is made (This requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance.);
  • There's no liability to make the payment (in cash or property) after the death of the recipient spouse; and
  • The payment isn't treated as child support or a property settlement. Ref: IRS Topic No. 452 Alimony and Separate Maintenance

Division of Marital properties is when the property that is jointly owned is are divided between the individuals. 

 

Generally, when one spouse transfers property to the other spouse as the result of a divorce, such transfers are generally treated as non-taxable events for U.S. federal income and gift taxes.

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