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Retirement tax questions
@mitchell2003 wrote:
how would I use this deduction using turbotax for 2022
There is no deduction unless the payment is specifically listed as alimony in a pre-2019 divorce order.
Normally, when you have an order that you must split your retirement benefit with an ex-spouse, you get a QDRO from the court (qualified domestic relations order) and give it to the pension payer. They split the pension payment according to the order. Each ex-spouse gets a 1099-R for their part of the pension and pays tax on their part of the pension.
However, DFAS follows its own rules and will not honor a QDRO if the marriage lasted less than 10 years (I think), and will only pay the retired service person. So if you are in a situation where you get the entire pension payment, you pay tax on the entire thing. There is no deduction for any amount you send your ex, unless it is specifically labeled as "alimony" in your divorce decree, and your divorce decree was signed before January 1, 2019. If you are not asking about a military pension, but something civilian (including 401k and similar plans), then you must get a QDRO from the court. Any payments you split before the QDRO is issued are only taxable to you and there is no deduction unless it is alimony from before 2019.