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Level 2
January 20, 2023
Question

No divorce decree or MSA is signed. spouse is giving me money everything. Do I still need to claim alimony if nothing is signed?

  • January 20, 2023
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1 reply

DoninGA
Level 15
Level 15
January 20, 2023

You are receiving gifts from your spouse and gifts from spouses are not reported on a tax return.

 

Even if you had a signed divorce decree or signed separation agreement, if these were signed after 12/31/2018 then the support/alimony received or paid is not entered on a tax return due to the tax code changes enacted in December 2017.

Level 2
January 20, 2023

Nothing is signed at all as of 1/20/2023.  I don't need to claim alimony. I just want to make sure I am receiving the correct information.

Level 15
January 20, 2023

And....since you are still legally married

 

 

If you were legally married at the end of 2022 your filing choices are married filing jointly or married filing separately.

 

 

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,900 (+$1400 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separately

 

 

 

Or....if you lived apart for the last six months of 2022 and you are the custodial parent of the children then you may be able to file as Head of Household.

 

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

 

If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**